BHAGWAT SWAROOP PACHORI Vs. OM PRAKASH GUPTA

JUDGEMENT

(1.) This application under Section 482 of CrPC has been filed challenging the order dated 27/4/2017 passed by the JMFC, District Gwalior in Criminal Case No. 11568/2012 by which the application filed by the applicant for consolidating Criminal Case No. 11568/2012 and RCT No. 1044/2015 has been rejected.

(2.) The necessary facts for the disposal of the present application in short are that the respondent has filed a criminal complaint under Section 138 of Negotiable Instruments Act against the applicant on the allegation that the cheque issued by the applicant had stood bounced and inspite of issuance of statutory notice under Section 138 of Negotiable Instruments Act, the applicant has not paid the amount, therefore, the complaint was filed and is pending.

(3.) On the other hand, it appears that the applicant had lodged a FIR alleging that the applicant and the respondent were the partners and as per the partnership, the respondent had to invest 50 % of the assets. However, instead of performing his part of partnership, the respondent terminated the partnership and committed theft of the cheque books and the letterheads of the applicant. Accordingly, the police registered the offence in Crime No. 602/2014 under Section 406 of IPC.