TaxTMI 
TaxTMI 
2022 (3) TMI 313
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.....PC') has been dismissed in Complaint No. 250 of 2017 titled as Ankush Arora vs. Saya Chauhan, rejecting the prayer of petitioner/accused to charge with and try the petitioner/accused together in two cases i.e. complaint No. 250 of 2017 titled Ankush Arora vs. Saya Chauhan and complaint No. 251 of 2017 titled M/s. Fashion Point Boutique vs. Saya Chauhan. 2. For convenience, complainant and accused are being referred in this judgment as per their status in complaint. 3. Facts emerging from record in present case, in brief, are that both complaints have been filed by Ankush Arora i.e. complaint No. 250 of 2017 in individual capacity as Ankush Arora and second on behalf of M/s. Fashion Point Boutique through its proprietor Ankush Aro....
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....f Sections 219 and 220 of Cr.P.C. The said application was opposed by complainant by filing reply. After taking into consideration the averments made in application and reply and also submissions of learned counsel for parties, trial Court has rejected the application. It has also come on record, which has not been controverted, that similar application bearing Cr.MA No. 643/4 of 2018, filed earlier, was also dismissed by learned Chief Judicial Magistrate, Shimla on 19.5.2018 and the said order was never assailed by accused. 7. It has been contended on behalf of accused that offences alleged to have been committed by accused are arising out of one and same transaction i.e. to discharge her liability to pay some amount to complainant and ....
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....the same kind committed within the space of twelve months from the first to the last of such offences, whether in respect of the same person or not, he may be charged with, and tried at one trial for, any number of them not exceeding three. (2) Offences are of the same kind when they are punishable with the same amount of punishment under the same section of the Indian Penal Code (45 of 1860) or of any special or local law: Provided that, for the purposes of this section, an offence punishable under section 379 of the Indian Penal Code (45 of 1860) shall be deemed to be an offence of the same kind as an offence punishable under section 380 of the said Code, and that an offence punishable under any section of the said Code,....
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....of such acts. (5) Nothing contained in this section shall affect section 71 of the Indian Penal Code (45 of 1860)." 9. In Section 218 of Cr.PC word 'shall" has been used by providing that for every distinct offence of which any person is accused, there, "shall" be a separate charge and every such charge shall be tried separately. Whereas in Sections 219 and 220 Cr.PC, word "may" has been used by providing that accused may be charged with and tried at one trial as provided in these Sections. The intention of Legislature is very clear that normal Rule is separate charges and separate trial for distinct offences, but subject to exception provided under sections 219, 220, 221 and 223 CrPC. But provisions of exceptions are not ma....
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....d at one trial for commission of the same kind of offences committed within a period of 12 months for any number of such offences not exceeding three, but has been tried separately, there is nothing illegal about it as provision for charging with and trying together is only an enabling provision and same view has been expressed with respect to offences committed in due course of the same transaction which may be triable at one trial but tried separately, by observing that Section dealing with such provision is also an enabling Section. 15. In Mohinder Singh vs. State of Punjab reported in AIR 1999 SC 211 also, the Supreme Court has held that provision of Section 220 Cr.PC for joint trial of different offences is only enabling provision a....
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....t to issue notice to drawer in terms of Section 138 of NI Act and on failure to make payment within period prescribed in Section 138 of NI Act entitles the complainant to file a complaint with respect to such dishonour of cheque. Dishonour of different cheques and non-payment of that amount after receipt of notice constitutes a different offence. Therefore, complainant has right to file and maintain separate complaint for dishonour of each and every cheque on failure to make payment by payer after receipt of notice under Section 138 of NI Act. 18. The payee may combine the cause of action by covering all instances of dishonour of cheque in a single notice and prefer a single complaint against the accused. In a complaint under Section 138....