S.B. Criminal Misc. Petition No.477/2010 R.L.Vijayvergiya & anr. vs. Dinesh Parwani & Anr Dated : 05.04.2010 HON'BLE MR. MAHESH BHAGWATI,J. Mr. RP Vijay, for the petitioners. Mr. Amit Punia, PP for the State. *** By way of this criminal Misc. Petition under Section 482 of Cr.P.C., the accused petitioner has prayed that in criminal cases Nos.1251/2006, 1252/2006 and 1253/2006, the offence under Section 138 of Negotiable Instrument Act is alleged to have been committed within a period of 12 months, hence, these three cases may be tried at one trial. Heard learned counsel for the petitioner as also learned Public Prosecutor appearing for the State and carefully perused the impugned orders passed by the courts below. Sub-Section 1 of Section 219 of Cr.P.C. envisages thus: '219.Three offences of same kind within year may be charged together: (1) When a person is accused of more offences than one of 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- From a bare reading of the provisions of Section 219 of Cr.P.C., it is clear that when a person is accused of more offences than one of the same kind and they are committed within the period of 12 months, these cases may be tried at one trial, irrespective of the persons in whom respect they have been committed. In the instant cases, it is found that the particulars of the offence under Section 138 of Negotiable Instrument Act have already been read over to the accused petitioner, the affidavits have been filed by the complainant and the cases have been ordered for recording the cross examination of the witnesses. In these cases, the trial has already begun. The provisions of Section 219 of Cr.P.C. are not mandatory, but are directory in nature. It is for the Court to decide as to whether three cases should be tried at one trial or not. Keeping in view the facts and circumstances of these three cases, I do not feel just and proper to pass such order that these three cases should be tried at one trial. The criminal misc. petition does not contain any force and the same deserves to be dismissed and stands dismissed accordingly. (MAHESH BHAGWATI)J. Pcg