Supreme Court - Daily Orders
Vani Agro Enterprises vs The State Of Gujarat on 5 September, 2019
Bench: Deepak Gupta, Aniruddha Bose
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S).587-590 OF 2010
VANI AGRO ENTERPRISES APPELLANT(S)
VERSUS
STATE OF GUJARAT & ANR. RESPONDENT(S)
O R D E R
The appellant herein is alleged to have issued four cheques to the respondent no.2 which allegedly bounced. The respondent no.2 sent one notice in terms of Section 138 of the Negotiable Instruments At, 1881 with regard to bouncing of all the four cheques. Thereafter, complaints were filed in the year 1999 and these complaints have dragged on for 20 years only on the application of the appellant herein that all the four complaints should be consolidated and heard together. Signature Not Verified
Whether these cases had been heard together or Digitally signed by ARJUN BISHT Date: 2019.09.16 14:56:02 IST Reason: separately, they would have been decided by now only because of the interim proceedings, even the evidence has 1 not been recorded.
The main ground raised is that in terms of Section 219 of the Code of Criminal Procedure since the offences took place during the period of one year, the cases should be dealt together. Even if Section 219 of the Code of Criminal Procedure was to apply, there have to be two trials because not more than three cases can be tried together even if they occurred in one year.
The only other contention is that since one notice has been issued, four separate trials should not take place and one trial should take place. There is no provision of consolidation of cases in the Code of Criminal Procedure.
The only relief that can be granted to the appellant is that we direct the Trial Magistrate to fix all the four cases on one date so that it is convenient to both the parties to attend the hearing of all the four cases on one date.
It shall be open to the trial Court to record the evidence in the manner it feels like. Since the original complaints were filed in the year 1999, we direct the 2 Magistrate to fix day to day hearing in the matters and dispose of these complaints latest by 31.12.2019.
In terms of the above, the appeals are disposed of.
...................J. (DEEPAK GUPTA) ...................J. (ANIRUDDHA BOSE) New Delhi September 05, 2019 3 ITEM NO.105 COURT NO.13 SECTION II-B S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Criminal Appeal No(s).587-590/2010 VANI AGRO ENTERPRISES Appellant(s) VERSUS STATE OF GUJARAT & ANR. Respondent(s) Date : 05-09-2019 These appeals were called on for hearing today. CORAM :
HON'BLE MR. JUSTICE DEEPAK GUPTA HON'BLE MR. JUSTICE ANIRUDDHA BOSE For Appellant(s) Mr. Nachiketa Joshi, Adv. Ms. Sucheta Joshi, Adv. Mr. Ankit Seth, Adv.
Ms. Himadri Haksar, Adv. Ms. Minakshi Vij, AOR For Respondent(s) Mr. Aniruddha P. Mayee, AOR Mr. A. Rajarajan, ADv.
Mr. Sanjeev Kr. Choudhary, Adv.
Mr. Gurkamal Hora, Adv. Mr. Gagan Gupta, AOR UPON hearing the counsel the Court made the following O R D E R The appeals are disposed of in terms of the signed order, Pending application(s), if any, stands disposed of.
(ARJUN BISHT) (RENU KAPOOR)
COURT MASTER (SH) BRANCH OFFICER
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