(1.) This petition under Section 482, Cr.P.C. has been preferred against the order dated 18.12.2015 passed by learned Additional Sessions Judge, Indore in Criminal Revision No.874/2015, whereby Criminal Complaint Case No.6477/2011 and another complaint case (unregistered) between the same parties have been directed to be tried as cross-cases.
(2.) Brief genesis of this petition is that a complaint under Section 138 of the Negotiable Instruments Act, 1881 (for short 'the Act') regarding dishonor of two cheques was preferred by the petitioner against the respondent which came to be registered as Criminal Case No.6477/2011. This case is at the final stage of hearing as reflected from para 11 of the impugned order. The respondent herein, also filed a criminal complaint in 2013 against the present petitioner regarding aforesaid two cheques, for offences under Section 420, 468 and 471, IPC alleging that the same have been fraudulently prepared by the petitioner to blackmail the respondent in the case under Section 138 (Criminal Complaint Case No.6477/2011) filed by the petitioner.
(3.) A prayer was made by the respondent before the learned Magistrate that both the cases, one filed by the petitioner under Section 138 of 'the Act', in the year 2011, which is at the final stage, and another one filed by the respondent for offences under Section 420, 468 and 471, IPC in the year 2013, which is yet to be registered, be tried together, treating them as cross-cases.