Legal Question in Criminal Law in India

Re: Sec 138 of N I Act 2005, clarification requested

You will not get proper advise only on these facts. Kindly consult your lawyer with all the facts and circumstances to ascertain whether joint trial is possible.

Re: Sec 138 of N I Act 2005, clarification requested

Possible provided reqirements of s. 223 are met, which is as follows:---

223. What persons may be charged jointly.

The following persons may be charged and tried together, namely.

(a) Persons accused of the same offence committed in the course of the same transaction;

(b) Persons accused of an offence and persons accused of abetment of, or abetment to commit, such offence;

(c) Persons accused of more than one offence of the same kind, within the meaning of section 219 committed by them jointly within the period of twelve months;

(d) Persons accused of different offences committed in the course of the same transaction;

(e) Persons accused of an offence which includes theft, extortion, cheating, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence;

(f) Persons accused of offences under sections 41 1 and 414 of the Indian Penal Code (45 of 1860) or either of those sections in respect of stolen property the possession of which has been transferred by one offence;

(g) Persons accused of any offence under Chapter XII of the Indian Penal Code (45 of 1860) relating to counterfeit coin and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges:

Provided that where a number of persons are charged with separate offences and such persons do not fall within any of the categories specified in this section, the Magistrate may, if such persons by an application in writing, so desire, and, if he is satisfied that such persons would not be prejudicially affected thereby, and it is expedient so to do, try all such persons together.

Re: Sec 138 of N I Act 2005, clarification requested

You may contact personally alongwith the details as to lookout in matter and decide wheather joint trial is possible or not.

Re: Sec 138 of N I Act 2005, clarification requested

Please explain your loss, if any, by an order of joint trial.

Re: Sec 138 of N I Act 2005, clarification requested

in case the cheques were issued regarding the same financial transaction, the court may order the joint trial in order to avoid multiplicity of litigation.

Re: Sec 138 of N I Act 2005, clarification requested

depends on facts of each case.