DISTRICT EXCISE OFFICER Vs. GOVIND RAM

JUDGEMENT

(1.) Reportable Both these revisions involve common question of law and facts and are thus being decided by this single order.

(2.) The petitioner Excise Department lodged five different complaints in the Court of the CJM, Churu against the respondent Govind Ram and two more persons for the offences under Sections 138 of the Negotiable Instrument Act and Section 420 I.P.C. in relation to dishonour of five cheques issued by the accused in favour of the Excise Department for a total sum of about Rs. 1,18,00,000/-. The learned trial court, took cognizance of both the offences by order dated 22.6.2001 (Complaint Case No. 435/2001 and Revision No. 329/2017] and 23.10.2001 (Complaint Case No. 758/2001 and Revision No. 267/17] respectively and summoned the accused to face trial for these offences.

(3.) Upon appearance of the accused before the trial court, proceedings were carried further and on 18.2.2002, the learned trial court proceeded to orally read out the charges for offences under sections 138 of the N.I. Act and 420 I.P.C. to the accused who denied the charges and claimed trial. The order dated 18.2.2002 reads as under: