Section 219 of Cr.P.C..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) 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 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,(45 of 1860) and that an offence punishable under any section of the said Code, or of any special or local law, shall be deemed to be an offence of the same kind as an attempt to commit such offence, when such an attempt is an offence.
“Before I proceed further, it may be relevant to extract the main prayers made by the petitioners in the said applications. Application under Section 219 & 220 of Cr.P.C.
“To try all the seven cases pending before this Hon‟ble High Court between the parties arising
out of the same transaction jointly by single trial.” Application under Section 145(2) of the N.I. Act. “It is, therefore, most respectfully prayed before this Hon‟ble Court that, in view of the abovementioned facts and circumstances of the present matter.”
THE HIGH COURT OF DELHI AT NEW DELHI
M/S NOVA VISION ELECTRONICS
PVT. LTD. & ANR. ….. Petitioners versus
STATE & ANR. ….. Respondents
Judgment delivered on : 15.07.2009 + Crl. M.C. Nos. 3773/2008, 3774/2008, 3788/2008, 3789/2008, 3790/2008