BHUPINDER SINGH SAWHNEY Vs. SIMRITA KAUR

JUDGEMENT

(1.) This is a petition unde Sec. 482 Cr.P.C. for quashing of the order dtd. 19/12/2018.

(2.) Learned counsel for the petitioner has submitted that the petitioner is an accused in 19 different complaints under Sec. 138 of the Negotiable Instruments Act, 1881 (in short "N.I. Act") and the same are pending in different Civil Courts at Rajpura. It has been further submitted that the petitioner had moved an application dtd. 10/10/2018 before the Sessions Judge, District Court, Patiala, unde Sec. 410 Cr.P.C. for withdrawal / transfer of 19 cases and assigning the same in one Court. The District Judge, Patiala, vide order dtd. 19/12/2018, had rejected the said application by observing that the complainant in all the cases is different and the controversy involved in the said cases is not interconnected and merely because the petitioner is common accused in all the complaints, this would not be ground to transfer of the said cases to one Court. It has also been submitted that in the present case, only two attorneys on behalf of the different complainants have filed all the complaints under Sec. 138 N.I. Act. Learned counsel for the petitioner has submitted that it would also be in the interest of the complainant if all the cases are transferred to one Court.

(3.) Learned counsel for the complainant, on the other hand, has submitted that the present petition has been filed only to delay the proceedings under Sec. 138 N.I. Act. It is submitted that the cases which have been filed are at different stages and there is no link or connection between the said complaints filed against the petitioner and thus, the order dtd. 19/12/2018 is absolutely legal and in accordance with law.