K.Lokesh v. P.Sureshbabu

Page1 of 4 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 27-04-2026 CORAM THE HON'BLE MR JUSTICE M. NIRMAL KUMAR CRL OP No. 10503 of 2026 and CRL MP No. 7476 OF 2026 & CRL OP No.10703 of 2026 and CRL MP No.7577 of 2026 K.Lokesh ..Petitioner in both cases Vs P.Sureshbabu ..Respondent in both cases COMMON PRAYER: To call for the records relating to the orders both dated

06.03.2026 passed in CMP.No.1307 of 2025 in CC.No.492 of 2024 and in CMP No.1306 of 2025 in C.C.NO.513 of 2024 on the file of the Judicial Magistrate Court No.II Madurantagam, Set aside the same and direct for a joint trial of CC.No.492 of 2024 and 513 of 2024 on the file of the Judicial Magistrate Court No.II, Madurantagam. For Petitioners : Mr.S.Sriram COMMON ORDER The petitioner/ accused in two cases under section 138 of the Negotiable Instrument Act filed by the respondent facing trial in C.C.No.492 of 2024 and C.C.No.513 of 2024 pending before the learned Judicial Magistrate – II, Madurantagam, had filed two petitions, each under Section 243 of BNSS seeking joint trial in CC.No.492 and 513 of 2024. The trial court by order dated

06.03.2026 dismissed the petitions, against which the present petitions. Page2 of 4

¶2The learned counsel for the petitioner submits that the petitioner is facing two criminal cases under Section 138 of Negotiable Instrument Act filed by the respondent/complainant in C.C.No.492 of 2024 and 513 of 2024 and both the cases are posted for cross of the respondent/complainant PW1. According to the petitioner, since the transaction between the petitioner and the respondent are one and the same and it is for a single transaction, the petitioner had given four cheques ie., three cheques are the subject matter in one case and one cheque is a subject matter in another case. Hence, clubbing of both the cases would be beneficial to arrive at a just conclusion.

¶3On a perusal of the materials, it is seen that the petitioner and the respondent are common in both the cases and the respondent had filed two case under Section 138 against the petitioner. Finding that the cause of action in the two cases are distinct and arose on different date and cause of action, the trial court had dismissed the petitions for the clubbing of cases and for joint trial.

¶4This court finds that it is not a case for joint trial and both the cases are on the same stage. The accused and the respondent are one and the same. In view of the same, the cases are to be conducted simultaneously but separately and the judgments to be pronounced on the same day. Page3 of 4

¶5With the above directions, these Criminal Original Petitions are allowed. Consequently, the connected miscellaneous petitions are closed. 27-04-2026 nl Note: Issue Order Copy today (27.04.2026) Index: Yes/No Speaking/Non-speaking order To The Judicial Magistrate Court No.II, Madurantagam Page4 of 4 M.NIRMAL KUMAR J. nl CRL OP No. 10503 of 2026 and CRL MP No. 7476 OF 2026 & CRL OP No.10703 of 2026 and CRL MP No.7577 of 2026 27-04-2026