ASHISHBHAI DURLABHBHAI MULANI Vs. SUCHIT SADH

JUDGEMENT

(1.) The present appellant the original complainant (for short 'Complainant') has filed the appeal No. 285 of 2018 under Sec. 378 of the Criminal Procedure Code (for short 'the Code') being aggrieved and dissatisfied with the judgment and order of acquittal dtd. 4/12/2017 passed by the learned Additional Chief Judicial Magistrate, Surat (for short learned Magistrate) in Criminal Case No. 973/2016, wherein the respondent original accused (for short 'Accused') has been acquitted under Sec. 255(1) of the Code for the offence under Sec. 138 of the Negotiable Instruments Act(for short the NI Act).

(2.) Heard learned advocate Mr Vaibhav Vyas for the appellant and learned advocate Ms Richa Shah for respondent no.1 Accused and learned APP Ms Jirga Jhaveri for the respondent State.

(3.) The complainant and the accused have entered into business transaction and accused got the job work done from the firm of the complainant for which the complainant had raised 30 bills. The accused had issued seven cheques to the complainant which were returned unpaid for which the complainant has filed 3 criminal cases (CC No.973/2016, CC NO.1127/2016, CC No. 945/2016). The above appeals are filed by the complainant against the acquittal judgment and order dated 4 /12/2017 passed by the learned Magistrate. Through the transaction of above three cases are common (30 Bills); all the original Bills are produced in Criminal case no. 1127/2016 and copy thereof are produced in other two cases 973/2016 and 975/2016; there is a provision under Sec. 219 and 220 of 'The Code' for cases to be charged with and tried at once; The accused had filed an applications at Exhibit -13 in all 3 cases to consolidated 3 cases: Learned Magistrate has kept these applications fix for hearing and not decided till end of the Trial, but reasons best known to the Magistrate decided the criminal cases and delivered the judgments separately.