NIHAR NALINI NAYAK Vs. STATE OF ORISSA

JUDGEMENT

(1.) This CRLMC arises out of a petition under Section 482 of Cr.P.C. filed on behalf of the petitioner with a prayer to direct that G.R. Case No. 1909 of 2003 and I.C.C. Case No.586 of 2005 pending before E.B. Rao and R.M. Acharya both Judicial Magistrates First Class Bhubaneswar, respectively shall be tried and decided by one Court one after another.

(2.) OPPOSITE party No.2 filed I.C.C. Case No.586 of 2005 before the Court of S.D.J.M., Bhubaneswar on the allegation that the petitioner took a friendly loan of Rs.74,000/ - from him for construction of her house at Puri with a stipulation that she would repay the loan within a period of one month, but she did not repay the same within the time stipulated. However, after much request and persuasions she handed over to him six cheques of Rs.74,000/ - all of which were drawn on the account maintained by her with the State Bank of India, Station Bazar Branch, Puri. Out of the six cheques, the complainant {O.P. No.2) presented three cheques bearing Nos.0672161 dtd. 1.10.2002, 072162 dtd. 1.10.2002 and 072163 dtd. 2.10.2002 of Rs. 10,000/ - each to his banker, U. Co. Bank, Suryanagar Branch, Bhubaneswar on 17.1.2003 for collection. All these three cheques were dishonoured because of insufficient funds, which was intimated to the complainant on 28.1.2003. So, on 21.2.2003 he sent a Registered letter through his counsel to the petitioner -accused demanding payment of the cheques -amount of Rs.30,000/ - within 15 days of receipt of the notice Even though the petitioner -accused received notice, she did not respond to it. Ultimately the complainant (opposite party No.2) filed the aforesaid complaint case. After recording statement of the complainant, the learned S.D.J.M. was pleased to take cognizance of the offence under Section 138 of the Negotiable Instrument Act (hereinafter referred to as 'N.I. Act') against the accused -petitioner and the case was proceeded with. Having been transferred, now the said case is pending before the Court of R. M. Acharya, J.M.F.C., Bhubaneswar.

(3.) SO , now the present petitioner, Nihar Nalini Nayak is the accused in I.C.C. Case No.586 of 2003 and opposite party Nos.2 and 3 are the accused in G.R. Case No. 1909 of 2003 pending before the Court of R. M. Acharya and E.B. Rao, both Judicial Magistrates, First Class. Bhubaneswar respectively. Claiming the cases to be the counter cases, the petitioner (Nihar Nalini Nayak) has filed the petition under Section 482 Cr.P.C., with the prayer as mentioned earlier.