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TMI Blog2020 (2) TMI 1599X X X X Extracts X X X X X X X X Extracts X X X X ..... an two years later. Since the issue in both the cases revolves around the same cheque, therefore, we find that instead of quashing the FIR No. 3 of 2007, the ends of justice would meet if proceedings arising out of FIR No. 3 of 2007 are transferred to the Court of Judicial Magistrate, Surat, where the proceedings of other complaint Under Section 138 of the NI Act are pending so that the complaint ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d against an order passed by the High Court of Gujarat on 11th December, 2017 whereby the petition for quashing of FIR No. 3 of 2007 registered at PS Mehsana for offence punishable Under Sections 420, 406, 419, 467, 468, 379, 465, 475, 120-B and 114 of the Indian Penal Code, 1860 [for short, 'IPC'] was dismissed. 2. The Appellants had filed a complaint for an offence Under Section 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3) of the Code of Criminal Procedure, 1973 [for short, 'Code'] . FIR No. 3 of 2007, as mentioned above, was lodged on the basis of such order. 4. The Appellants had sought quashing of the said FIR in a petition Under Section 482 of the Code which was dismissed by the High Court. The Respondent No. 2 had alleged that three cheques bearing Nos. 567888, 567889 and 567890 were misplaced ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... parties. 7. We find that the issue in both the complaints pertains to cheque No. 567889 which was said to be from the cheque book of the Company of which Respondent No. 2 is the officer. The Appellants rely upon the said cheque in a complaint for an offence Under Section 138 of the NI Act whereas the Respondent No. 2-complainant alleges that said cheque along with two other cheques had been mis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in both. 9. Consequently, the appeal is disposed of with the direction that the proceedings arising out of FIR No. 3 of 2007 PS Mehsana shall stand transferred to the Court of Judicial Magistrate, Surat where the proceedings of complaint No. 33537 of 2006 is pending. Both the cases shall be heard and decided together. 10. The parties are directed to appear before the Court of Judicial Magis ..... X X X X Extracts X X X X X X X X Extracts X X X X
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