KANWALJIT SINGH AHLUWALIA,J. - (1.) The present petition has been filed under Section 482 Cr.P.C., 1973 seeking quashing of proceedings arising out of FIR No. 135/2017 dated 21.4.2017 registered at Police Station Chandwaji, Jaipur.
(2.) The learned counsel for the petitioner has contended that father of the complainant had issued a cheque amounting to Rs. 7,80,000/- in favour of the petitioner. The said cheque on presentation had bounced and petitioner filed a complaint under section 138 of Negotiable Instruments Act (hereinafter called 'NI Act'), in which cognizance was taken at the instance of the petitioner against Babu Lal, father of the complainant. The learned counsel for the petitioner contends that as a counter blast thereto, Nimku Yadav, respondent no.2 lodged FIR No. 135/2017 on 21.4.2017 at Police Station Chandwaji stating therein that the cheque was obtained from the father with an intention to cheat him. The learned counsel for the petitioner submits that complaint lodged by the petitioner under section 138 of NI Act and FIR are pending in two different courts. It is further contended that both the courts, where the complaint preferred by the petitioner under section 138 of NI Act and case arising out of FIR No. 135/2017 are pending have to decide whether the cheque was obtained by the petitioner with an intention to cheat or not. The learned counsel for the petitioner contends that there is apprehension that two courts may return contradictory findings.
(3.) Having heard the learned counsel for the parties, to ward off emergence of conflicting findings in two parallel proceedings, it is ordered that the Sessions Judge, Jaipur District shall assign both the cases to one court. The transferee court shall try the complaint No. 75/2017 and case arising out of FIR No. 135/2017 registered at Police Station Chandwaji, Jaipur, simultaneously but separately. The petitioner shall furnish the particulars of two pending cases by filing an application alongwith this order before Sessions Judge, Jaipur District.;