Sarfaraj Singh Bajwa vs Nikku Jewelers

Sanjay Vashisth, J

Petitioner - Sarfaraj Singh Bajwa has filed the instant petition under Section 482 Cr.P.C. for quashing of the order dated 10.01.2020 passed by learned JMIC, Dasuya, whereby application for consolidation/clubbing all the total eight complaints bearing No.NACT No.196/2018, 197/2018, 198/2018, 199/2018, 200/2018, 201/2018, 202/2018 and 203/2018 dated 20.08.2018, filed under Section 138 of the Negotiable Instruments Act, has been dismissed.

On hearing the petitioner's submission, while issuing notice on 28.09.2021, the following order was passed:-

"Case heard via video conferencing.

By this petition, the petitioner seeks clubbing of 8 complaints filed against him by the respondent herein, alleging therein the commission of offences punishable under Section 138 of the Negotiable Instruments Act, 1881.

In the impugned order passed by the learned JMIC, Dassua (i.e. the court where the first complaint was filed as contended by the petitioner), the only reason given for dismissing the application filed before that court is that though cheques were presented and dishonoured on the same date, legal notices were issued on different dates qua each cheque stated to have been issued by the petitioner, and notice of acquisition was also served separately in all the complaints, and before the notice of acquisition, no application was made by the accused.

Learned counsel for the petitioner on the other hand relies upon a judgment of a co-ordinate bench of this court in Ashutosh Humnabadkar, Director, M/s Digihome Solution (P) Ltd.and another vs. Continental Device India Ltd and another, (CRM-M-1184-2014, decided on 28.01.2015), where a similar petition had been allowed, with 12 complaints having been ordered to be heard by way of a single trial, by this court.

Upon specific query to learned counsel he submits that the said judgment has not been reversed by the Supreme Court.

Notice of motion be issued to the respondents, returnable on 07.10.2021.

Dasti only, with liberty to serve the respondent through the counsel representing it before the trial court in each complaint, with learned counsel specifically submitting that the same counsel is representing the respondent in all cases.

It is made clear that if the respondent is not shown to be served on the next date of hearing, there will be no interim order passed in favour of the petitioner, the order as has been impugned in the present petition being 1 year and 8 months old."

Thereafter, none put in appearance on 01.02.2023, 08.04.2024, 13.10.2025 and 23.02.2026. Even today, no one appeared to represent the petitioner.

Mr. Verma, Advocate appearing on behalf of the respondent-Nikku Jewelers submits that all the eight complaints bearing No.NACT No.196/2018, 197/2018, 198/2018, 199/2018, 200/2018, 201/2018,

202/2018 and 203/2018 dated 20.08.2018 have already been withdrawn by respondent No.2 and in view of the same, the present petition can be disposed of having been rendered infructuous.

Copies of the zimni orders dated 21.11.2022, 24.11.2022 and 02.12.2022 are placed and taken on the record.

In view of the statement made by learned counsel for the respondent, the present petition is disposed of having been rendered infructuous.