SUBHASH BABU Vs. R RADHAKRISHNAN

JUDGEMENT

(1.) In the nature of the peculiar facts in these appeals, these are disposed of by this common judgment.

(2.) Two complaints were filed by the appellant before a Magistrate's Court against the first respondent herein, alleging commission of offence under Section 138 of the Negotiable Instruments Act (the Act, for short). One of the complaints relates to a cheque dated 15.7.2000 for Rs. 1,00,000/- and the other is with respect to another cheque dated 30.07.2000 for Rs. 75,000/-. On filing the complaints, those were numbered as C.M.P. 812/2001 and C.M.P. 813/2001. The complaint involving the cheque dated earlier was numbered as C.M.P. 812/2001 and the one dated subsequently was numbered as C.M.P. 813/2001.

(3.) Sworn statements of the complainant were taken in both the cases and those were taken on file as C.C. 115 and C.C. 116 of 2001. But, chronological order was not followed while numbering the cases as calender cases. Instead of numbering C.M.P 812/2001 as C.C. 115/2001, it was numbered as C.C. 116/2001. So also, C.M.R 813/2001 was taken on file as C.C. 115/2001. Going by the numbers of C.M.R, normally, the cases ought to have been numbered vice versa, it is contended.