V.S. VIJAYAN Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONER is the complainant in a prosecution under Section 138 of the Negotiable Instruments Act, which is pending before the J.M.F.C-I, Ernakulam against the 2nd respondent herein. That complaint is pending as C.C.No.1943 of 2004.

(2.) AFTER the said complaint was filed, long later, the 2nd respondent filed a private complaint before the J.M.F.C, Malappuram alleging that offences punishable, inter alia, under Sections 420 and 465 have been committed by the petitioner herein and 2 others in respect of the very same cheque. Cognizance has been taken by the learned Magistrate and the said case is now pending before the J.M.F.C, Malappuram as C.C. 1033 of 2006.

(3.) THE learned Counsel for the respondent opposes the application. I am satisfied that the interests of justice demand that the 2 cases must be disposed of by the same Court reckoning the allegations therein as in the nature of allegations and counter-allegations.