GULSHAN KUMAR AHUJA Vs. VEENA SHARMA

JUDGEMENT

(1.) This revision petition is directed against the order dated 17th November, 2001 passed by learned MM whereby learned MM ordered for clubbing of two complaint cases being No. 53/2000 and 54/2000 filed by the petitioner against the respondent.

(2.) Briefly stated the facts are that the petitioner filed two complaints vide complaint Nos. 53/2000 and 54/2000 under Section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act') against the respondent on the basis of dishonouring of cheque Nos. 073386 dated 16th April, 2000 and 073385 dated 16th February, 2000 amounting to Rs. 50,000/- each. Both these cheques were presented for encashment on the same date and both cheques were dishonoured with the remarks "funds insufficient". Petitioner issued a legal notice. After summoning, accused / respondent had put in appearance and filed an application for consolidation of two complaint cases so that these can be tried together in view of Sections 219/ 220, Cr.P.C. This application was allowed by learned MM vide impugned order dated 17th November, 2001. Learned MM was of the view that since the parties are common, these complaints can be clubbed together for joint trial.

(3.) Feeling aggrieved, petitioner has filed this revision petition against the said order dated 17th November, 2001.