Raghbir Singh vs Ashok Kumar on 20 February, 2009

   IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
              HARYANA AT CHANDIGARH

                                       Crl.Misc.No.M-30857 of 2007

                                          Date of decision : 20.2.2009

Raghbir Singh
                                                        ... Petitioner
                              Versus
Ashok Kumar
                                                      ...Respondent

Coram :    Hon'ble Mr.Justice Kanwaljit Singh Ahluwalia


Present :- Mr.G.S.Sandhu, Advocate for the petitioner.
           Mr.Karamjit Verma, Advocate for the respondent.



Kanwaljit Singh Ahluwalia, J. (Oral)

Petitioner, Raghbr Singh is facing trial at the instance of

Ashok Kumar under Section 138 of the Negotiable Act in the Court

of JMIC, Karnal. Ashok Kumar had made a grievance that cheque

issued to him by Raghbir Singh has bounced. After filing of the

complaint at Karnal under Section 138 of the Negotiable Act by

Ashok Kumar, the petitioner, Raghbir Singh had filed a complaint at

Khanna saying that cheque is being misused by the complainant-

Ashok Kumar, as cheque was misplaced. Ashok Kumar has been

summoned to face trial for the offence under Section 420 IPC at

Khanna.

Learned counsel for the petitioner submitted that

complaint at Khanna is a defence version of the petitioner to the

complaint under Section 138 of the Negotiable Act filed by the
Crl.Misc.No.M-30857 of 2007 2

respondent. He has submitted precious time of the Court can be

saved by trying both the case in one court. Counsel has further

states that this will save judicial embarrassment in parallel

proceedings.

Learned counsel for the respondent has no objection if

the complaint under Section 420 IPC is transferred to Karnal.

After hearing learned counsel for the parties, it is

directed that complaint filed by the petitioner titled as Raghbir

Singh Vs. Ashok Kumar bearing complaint No.25/4 dated 3.5.2002

under Section 420, 465, 467, 468, 471 IPC will be transferred to the

court at Karnal which is trying complaint Section 138 of the

Negotiable Act titled as Ashok Kumar vs. Raghbir Singh. Both the

complaints shall be tried simultaneously but separately.

In view of the aforesaid observation, this petition is

disposed of. In case titled as Raghbir Singh vs. Ashok Kumar ,

parties shall cause appearance in the Court at Karnal on 19.3.2009.

[ Kanwaljit Singh Ahluwalia ]
Judge
20.02.2009

sd