Criminal Misc. No. M-3924 of 2011 1 In the High Court of Punjab and Haryana, at Chandigarh. Criminal Misc. No. M-3924 of 2011 Date of Decision: 8.2.2011 Satnam Singh …Petitioner Versus Raj Kumar and Another …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Suveer Sheokand, Advocate for the petitioner. Kanwaljit Singh Ahluwalia, J. (Oral) The petitioner is named as an accused in a Complaint Case No. 1592/2 dated 28.7.2005 (RBT No.419/2 dated 5.10.2006) titled as “M/s R.K. Petro v. Satnam Singh”, for offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as “the Act”). The case of the complainant is that the cheque, issued by the petitioner, had bounced. The petitioner has also filed a complaint wherein he stated that the cheque in question, for which he is tried under Section 138 of the Act, was stolen. Learned counsel for the petitioner submits that the defence in the complaint case, preferred by respondent No.2, is the entire case of the petitioner, in complaint case instituted by him. He further submits that if both these complaints are tried by two separate Courts, there is every possibility of judicial embarrassment in parallel proceedings. Criminal Misc. No. M-3924 of 2011 2 Learned counsel further submits that he filed an application dated 8.11.2010 (Annexure P5), before the Sessions Judge, Ludhiana, for assigning both these cases to one Court, which may try the same separately but simultaneously. Learned counsel further submits that the said application was transferred by the Court of Sessions Judge, Ludhiana, to the Court of Chief Judicial Magistrate, Ludhiana. However, the same was withdrawn by the petitioner as the Court of Chief Judicial Magistrate had earlier expressed its opinion. In view of this, the petitioner is directed to file a fresh application in the Court of the Sessions judge, Ludhiana, who, taking note of the observations made in this order and submissions of the petitioner, shall decide the application, in accordance with the provisions of law, within a period of 15 days of its service upon respondent. Till then the petitioner may file an application before the concerned Court to adjourn the matter till the application, filed by the petitioner in the Court of Sessions Judge, Ludhiana, is decided. With the observations made by this Court, the present petition is disposed of. (Kanwaljit Singh Ahluwalia) Judge February 8, 2011 “DK”