Court dismisses revision petition, confirming legality of joint trials under Section 220(1) Cr.P.C. for cheques issued in the same transaction.
In a significant ruling, the Kerala High Court, presided over by Justice Johnson John, has upheld the legality of conducting joint trials for the dishonour of multiple cheques issued as part of the same transaction. The judgment was delivered on February 17, 2026, in the case of Vijayan P. v. George And Company and others, dismissing the revision petition filed by Vijayan P., who was convicted under Section 138 of the Negotiable Instruments Act, 1881.
The petitioner, Vijayan P., challenged the trial court's decision to conduct a joint trial for five dishonoured cheques, arguing that each cheque represented a separate cause of action. He contended that the trial violated Section 219 of the Criminal Procedure Code, 1973, which pertains to the trial of multiple offences. However, the court found that the cheques were issued in close succession between December 24, 2009, and March 6, 2010, and pertained to the same transaction involving the purchase of steel items.
The Kerala High Court affirmed the trial court's decision, referencing Section 220(1) of the Criminal Procedure Code, which permits joint trials for offences committed in the course of the same transaction. Justice Johnson John noted that the cheques were issued as part of the same transaction and therefore could be jointly tried, dismissing the revision petition.
The court emphasized the supervisory nature of revisional jurisdiction, highlighting that it cannot re-evaluate evidence unless there is a glaring injustice or blatant violation of law. The judgment referenced several Supreme Court cases, including Amit Kapoor v. Ramesh Chander and Kishan Rao v. Shankargauda, underscoring that revisional courts should only assess the legality and propriety of findings without substituting their own conclusions.
The decision reinforces the scope of joint trials under Section 220(1) Cr.P.C., maintaining judicial efficiency in cases involving multiple cheques issued for the same transaction. The ruling is significant as it clarifies procedural aspects of cheque dishonour cases, ensuring that transactions are viewed holistically rather than piecemeal.
Bottom line:-
Joint trial of multiple cheques issued as part of the same transaction is permissible under Section 220(1) Cr.P.C., and revisional jurisdiction does not allow re-appreciation of evidence unless there is glaring injustice or blatant violation of law.
Statutory provision(s): Section 138 of the Negotiable Instruments Act, 1881, Sections 219 and 220(1) of the Criminal Procedure Code, 1973.
Vijayan. P. v. George And Company, (Kerala) : Law Finder Doc id # 2880586
