LAWS(RAJ)-2018-12-52

VIKRAM SHARMA Vs. SHYAM LAL TAKHAR

Decided On December 12, 2018
VIKRAM SHARMA Appellant
V/S
Shyam Lal Takhar Respondents

JUDGEMENT

(1.) By this common order, S.B. Criminal Misc. Petition No.7801/2018 preferred by Vikram Sharma against Shyam Lal Thakar, S.B. Criminal Misc. Petition No.7803/2018 again preferred by Vikram Sharma against Rajesh Kumar Thakar, S.B. Criminal Misc. Petition No.7804/2018 also filed by Vikram Sharma against Bhagwan Sahay Thakar and S.B. Criminal Misc. Petition No.7807/2018 preferred by Mukesh Sharma against Raghunath Dayal Thakar, shall be decided together.

(2.) Learned counsel for the petitioners has submitted that Bhagwan Sahay Thakar is having three sons namely Rajesh Kumar Thakar, Shyam Lal Thakar and Raghunath Dayal Thakar. It is contended that all the four family members, namely Bhagwan Sahay Thakar, Rajesh Kumar Thakar, Shyam Lal Thakar and Raghunath Dayal Thakar have filed three separate complaints under Section 138 of Negotiable Instruments Act against Vikram Sharma, petitioner to S.B. Criminal Misc. Petitions No.7801/2018, 7803/208 and 7804/2018.

(3.) Learned counsel for the petitioners has submitted that during cross-examination of the complainants of all the four complaints a common defence is to be raised. It is urged that if defence counsel during cross-examination of one complainant unfold defence then strategy and tenor of cross-examination of the petitioner shall be known and thus, in another case same shall be blunted by the complainant of another complaint therefore, cross-examination on behalf of the petitioner shall be rendered ineffective.