SONALI ENTERPRISE Vs. GLAXO INDIA LIMITED

JUDGEMENT

(1.) The present revision application is preferred by the Petitioners/accused against an order No. 2 dated February 2, 2001 passed by Sri P. Bhattacharjee, learned Chief Judicial Magistrate, Alipore in Criminal Misc. Case No. 645 of 2000. By the impugned order, the learned Chief Judicial Magistrate, Alipore has dismissed the petition under Sec. 410 Code of Criminal Procedure filed by the Petitioners/accused.

(2.) The Petitioners/ accused filed an application under Sec. 410 Code of Criminal Procedure before the learned Chief Judicial Magistrate, Alipore for withdrawal of three cases under Sec. 138 of the N.I. Act pending before the learned 8th Judicial magistrate, Alipore and another two cases under Sec. 138 of the N.I. Act pending before the learned 9th Judicial Magistrate, Alipore and transfer of those cases for trial either by the learned 8th Judicial Magistrate, Alipore or by the learned 9th Judicial Magistrate, Alipore.

(3.) It is an admitted fact that the parties are common in ail the aforesaid five cases which have been initiated under Sec. 138 of the N.I. Act and the offence is of the same nature but the documents and causes of action are different for which separate evidence is to be led during the trial of each case.