HARSUKHLAL LAXMANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present revision has been filed for setting aside the order dated 8-10-2001 passed by learned J.M.F.C., Mansa in Criminal Case Nos.428 of 1995 and 392 of 1995.

(2.) The case in short is that a complaint was lodged by the respondent no.2 against the present petitioners-original accused in the court of learned Judicial Magistrate at Mansa for the offence punishable under Sec.138 of the Negotiable Instruments Act. In all, total three criminal cases were registered namely, criminal Case Nos.43 of 1996, 428 of 1995 and 392 of 1995 being filed by the respondent no.2 and according to petitioners, by the order of the High Court, all the three cases were ordered to be tried jointly. It is their say that the petitioners filed application Ex.110 before the learned Magistrate at Mansa on 31-3-2001. Said matter was kept for hearing and vide order dated 8-10-2001, it was rejected by the learned Magistrate by a reasoned order which is giving rise to prefer the present revision.

(3.) At the time of admission, following order was passed by this Court (Coram: D.B.Buch, J.):