JAYESHBHAI JAYANTIBHAI MANIAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.A.J. Shastri, learned counsel appearing for the petitioner and Mr.S.S. Patel, ld. APP, appearing on behalf of respondent no.1 -State.

(2.) Having considered the reasons assigned by the ld.Chief Judicial Magistrate, Surendranagar, while dealing with and disposing of the applications at Exh.29 in Criminal Case No.348 of 2002, Exh.24 in Criminal Case No.477 of 2002 and again at Exh.24 in Criminal Case No.478 of 2002, whereby the ld. Chief Judicial Magistrate rejected the request to consolidate all the three cases and to try them as one single case, on the ground that four different cheques were given in one single transaction and merely because the dates of the respective cheques are different, separate prosecutions have been instituted.

(3.) The petitioner by invoking the jurisdiction of this Court under Section 482 of the Criminal Procedure Code (for short 'the Code') has challenged the findings recorded by the ld.trial Judge and the ld.Sessions Judge. As the second Revision Application is barred, it seems that the petitioner has adopted this mode to get the impugned orders set aside. According to the Court, the case of the petitioner cannot be said to be a rare or an exceptional case where this Court should rush to rescue even after rejection of the Revision Applications on merit. Only in a given case, such powers can be exercised.