MOHAMMED UMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Under challenge herein is an order dtd. 23/7/2024 passed by Learned Special Judge, Pali, in Criminal Revision Petition No.51/2022, whereby the revision petition preferred by the petitioner seeking clubbing of three complaints under Sec. 138 of N.I. Act, instituted against him, was rejected by upholding the order dtd. 13/7/2022 passed by learned Special Judicial Magistrate, N.I Act Cases No.1, Pali, in Criminal Main Case No.158/2018, whereby the application filed by the petitioner under Sec. 219 Cr.P.C. was dismissed.

(2.) Briefly relevant facts of the case are as follows: Respondent No.2 (complainant) filed three criminal complaints against the petitioner under Sec. 138 of the NI Act 1881. For a sum of Rs.1,55,000.00 to be paid by the petitioner (accused) to the respondent No.2 (complainant), he issued three different cheques in favor of the complainant i.e. 1- (cheque No.362963 dtd. 29/4/2017 for a sum of Rs.50,000.00), 2- (cheque No.362964 dtd. 29/4/2017 for a sum of Rs.55,000.00) and 3- (Cheque No.362965 dtd. 29/4/2017 for a sum of Rs.50,000.00).

(3.) In the aforesaid backdrop, I have heard learned counsel for the petitioner and learned Public Prosecutor and have gone the material available on record.