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2018 (8) TMI 2020 - HC - Indian LawsDishonor of Cheque - repeated proceedings or not - petitioner submitted that the trial Court has committed an error in rejecting the application preferred by the petitioner - HELD THAT:- The Court had transferred the police case to the Court of Judicial Magistrate First Class at Pen and direction was given in the circumstances that both the cases be tried in the same Court. The order does not indicate that there should be a joint trial of both the cases. The said order was passed on 23rd January, 2014 and it was never contended earlier that there has to be joint trial. It is also pertinent to note that the procedure contemplated for the trial of the complaint under Section 138 of the Negotiable Instruments Act which is summons triable case is different from that of the procedure contemplated for the trial of the case initiated by the police for the offence under Section 420 of Indian Penal Code which is warrant triable case. It is also noted that the affidavit of evidence was tendered by the complainant in the complaint case under Section 138 of Negotiable Instrument Act on 20th February, 2014. Thereafter, the complainant preferred another application for additional documents by filing additional affidavit of evidence on 2nd August, 2014. The said applications were allowed by the trial Court on 1st November, 2014. The petitioner challenged the said orders in various courts and ultimately could not succeed in the said proceedings. It is also apparent in the meantime the examinationinchief of the complainant is also recorded partly in the case initiated under Section 420 of Indian Penal Code. The said examinationinchief was recorded on 5th July, 2014. Thus, it is evident that both the cases have proceeded separately and not as a joint trial. It is thereafter this application was preferred by the petitioner on 27th July, 2018 which was rejected by impugned order. It also appears that the case was expedited by the Hon'ble Supreme Court. In the case under Negotiable Instrument Act, if a fine is imposed it is to be adjusted to meet the legal enforceable liability. There cannot be such a requirement in the offence under Indian Penal Code. The case under Negotiable Instruments Act can only be initiated by filing a complaint. However, in the case under Indian Penal Code such a condition is not necessary. There may be overlapping of the facts in both the cases but the ingredients of the offences are entirely different. Petition dismissed.
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