JAGMOHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present criminal misc. petition has been filed under Section 482 Cr.P.C. challenging the order dated 08.03.2018 passed by the Additional Sessions Judge No.3, Jodhpur Metro vide which the revision petition filed by the petitioners was dismissed as well as the order dated 16.08.2017 passed by the Special Metropolitan Magistrate (N.I. Act Cases) No.5, Jodhpur Metro vide which the application of the petitioners under Section 219 Cr.P.C. was rejected.

(2.) The only ground for clubbing all the three separate cases filed by the complainant under Section 138 of the Negotiable Instruments Act against the present petitioners and pending before the Court of Special Metropolitan Magistrate, Jodhpur Metro is that they are in relation to the same transactions, they all were dishonoured on the same date i.e. 17.01.2017 and the parties too are same.

(3.) A perusal of Section 219 Cr.P.C. shows that it does not apply to the summon cases as under Section 251 Cr.P.C. only the substance of accusation are read out. No formal charge is framed. In case no charges are to be framed, there is no requirement for clubbing of the cases as Section 219 Cr.P.C. applies only to warrant cases and not in summon cases where no charges are framed.