Gopal Krishan Vyas, J. - (1.) - In this misc. petition filed under Section 482 Criminal Procedure Code, the petitioner has prayed that the order dated 12.1.2010 passed by Special Judicial Magistrate (NI Act Cases) Court, Bikaner and the order dated 13.7.2010 passed by the Revisional Court in revision petition No. 16 of 2010 may be.quashed and set aside and the prayer made by the petitioners to consolidate and try both the cases together, may be allowed.
(2.) According to the facts of the case, the petitioner is facing trial in two cases for offence under Section 138 of Negotiable Instruments Act before Special Judicial Magistrate (NI Act Cases) Court, Bikaner. Both the cases are arising out from two cheques given by the petitioner to the respondent No. 2. First cheque was given on 11.2.2008 and second cheque was given on 5.3.2008 and both above cheques were dishonoured. After issuing notice to the petitioner, two complaints were filed for both the cheques separately by the complainant against the petitioner. The petitioner moved an application before the Trial Court praying therein that both the cheques have been issued during the course of same transaction and notices have been issued on the same day and complaints have been filed on the same day, therefore, it is appropriate to consolidate both the cases and try them together.
(3.) Learned Magistrate rejected the application filed under Section 219 Criminal Procedure Code by the petitioner vide order dated 12.1.2010, against which the petitioner preferred a revision petition, that too, was dismissed by the Revisional Court and in this petition filed under Section 482 Criminal Procedure Code, the petitioner has prayed for direction to the Trial Court to try both the complaints together in view of Section 219 of Criminal Procedure Code.;