RAJ KUMAR Vs. SMT. NEELAM PATHAK AND ANOTHER

JUDGEMENT

(1.) The instant misc. petition has been filed on behalf of the petitioner challenging the order dated 5.6.2008 passed by the learned Additional Civil Judge (Sr. Division) and Additional Chief Judicial Magistrate, Banswara in Criminal Case No. 188 of 2007, whereby the application filed by the petitioner under Sec. 219, Crimial P.C. read with Sec. 223 Crimial P.C. has been rejected.

(2.) Learned counsel for the petitioner submits that in this case various complaints which were filed by the complainant against the petitioner were involving a similar type of offences committed within a period of one year and therefore the trial of the three cases being cases Nos. 188 of 2007, 189 of 2007 and 190 of 2007 should have been directed to be consolidated. In support of his arguments, learned counsel has placed reliance on the decision of this Court rendered in the case of Kamal Gang Vs. State & Anr., reported in 2008 (1) CrLR (Raj.) 459 .

(3.) On the other hand, learned Public Prosecutor and learned counsel appearing on behalf of the respondent No. 1 submits that in this case, the petitioner is facing trial for the offence under Sec. 138 of the Neotiable Instruments Act. He submits that in the case of Negotiable Instruments Act, the charge is not framed against the accused but only the accusation is read out and therefore, the provision of Sec. 219 Crimial P.C. is not applicable to a case under the Negotiable Instruments Act. In support of his arguments, learned counsel has placed reliance on the decision of this Court rendered in the case of Vijay Dev & Ors. Vs. Kailash Chand & Anr., reported in 2008 (2) CrLR (Raj.) 1206 : 2008 (2) NIJ 463 (Raj.) and Nirmal Singh Vs. Bhoj Raj, reported in 2007 (2) CrLR (Raj.) 1710 .