Court No. - 72
Case :- APPLICATION U/S 482 No. - 28786 of 2019 Applicant :- Kedar Nath Pal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Santosh Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Shri Santosh Kumar Dubey, learned counsel for the applicant and learned A.G.A. for the State.
Present application under Section 482, Cr.P.C. has been filed for quashing the order dated 2.7.2019 passed by Session Judge, Bhadohi-Gyanpur in Criminal Revision No.102 of 2018, whereby revision filed by the applicant was dismissed affirming the order dated 31.10.2018 in case No.304 of 2013 rejecting the application of the applicant for consolidating the case crime No.191 of 2013, under Section 419, 420, 467, 468, 471, IPC.
It reflects from the record that in the year 2013 present proceeding under Section 138 of the N.I. Act was initiated by O.P. No.2 for dishonouring of cheque in which evidence on behalf of the complainant was concluded and the case was fixed for statement of accused under Section 313, Cr.P.C. Subsequently an application was moved on the ground that earlier the applicant lodged first information report through application under Section 156(3), Cr.P.C., under Sections 419, 420, 467, 468, 471, IPC against the complainant-O.P. No.2 for fraudulently obtaining the cheque from him. In the said case investigation was done and final report has been submitted by the concerned police station. Protest petition against the submission of final report filed by the applicant is pending.
The nature of both the cases are different and even the cognizance in case crime No.191 of 2013, under Section 419, 420, 467, 468, 471, IPC has not been taken till date. Under these circumstances the application moved by the applicant for consolidating both the cases and trial together is totally misconceived and that has rightly been rejected by the magistrate and the revision filed against the said order has rightly been dismissed by the revisional court.
I do not find any illegality or impropriety in the order impugned. The application lacks merit and is, accordingly, dismissed.
Order Date :- 25.7.2019 T. Sinha