Final Order 2

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CR. REV. NO. 36/2024; 37/2024; 38/2024 & 39/2024
NAVEEN BREJA
VS.
ASHOK DANDONA
27.01.2024
Present: Sh. D.S. Kohli alongwith Yash Kadyan ld. counsels
for petitioner.
Sh. Piyush Chhabra, ld. counsel for respondent
through VC.
(Fresh vakalatnama filed on behalf of respondent
by his associate, who is present in the court.)
These are four revision petitions against the order dated
24.11.2023 whereby the ld. MM has dismissed the application of
the petitioner (accused therein) under S. 219 and 220 Cr.P.C.
seeking joint trial of complaint cases bearing CC no. 37604/16,
37605/16, 37606/16 and 37607/16.
It is submitted by the ld. counsels for petitioner that since
the accused and complainant are same in all the four cases, he
moved the application for consolidation/ joint trial of all the four
complaint cases. It is submitted that the ld. MM has dismissed his
application in all the four complaint cases in a mechanical
manner by stating that the power under S. 219 r/w S. 220 Cr.P.C.
is discretionary in nature, hence, the present revision petition.
….contd.
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It is submitted by the counsel for respondent / complainant
who is present through VC that he has no objection, if, all the
four revision petitions are allowed and the order dated
24.11.2023 is set aside and joint trial is held in all the four
complaint cases.
Heard ld. counsels for the parties and perused the revision
files and the order dated 24.11.2023.
Admittedly, all the four complaint cases are between the
same parties, except the cheque numbers which are different. The
petitioner / accused wants joint trial in all the four complaint
cases as evidence which is to be recorded is similar and he would
be producing same witnesses in his defence in all the four
complaint cases. Undoubtedly, the power under s. 219 r/w S. 220
Cr.P.C. is discretionary in nature, however, the court has to
exercise the same in judicious manner. By having joint trial, a lot
of time of the court shall be saved as the witnesses in both the
cases are common and the defence of the accused / petitioner is
also common in all the complaint cases. Further in view of the
submissions of the counsel for respondent / complainant, the
order dated 24.11.2023 is set aside.
….contd.
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The concerned MM is directed to hold joint trial of all
the four complaint cases bearing no. 37604/16, 37605/16,
37606/16 and 37607/16. All the revision petitions are allowed.
Copy of the order be sent back to the concerned Trial
Court.
Revision files be consigned to record room after
necessary compliance.
(KIRAN GUPTA)
Addl. Sessions Judge-04
Patiala House Courts
New Delhi/27.01.2024
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