The court held that cases arising from a police report and a private complaint regarding the same offence must be tried together under Section 210 of the Cr.P.C.

JUDGMENT :

[Y. G. KHOBRAGADE, J.]

1. Rule. Rule made returnable forthwith and with consent of both the parties, heard finally at the stage of admission.

2. Heard at length Adv. Bora, the learned counsel for the Petitioners and Mr. Harjitsingh S/o Tirathsing Sawhney party-in person and the learned APP Mr. Naik for the State.

3. The Respondent No. 1 / original Complainant filed Criminal Application No.330 of 2022 in Criminal Writ Petition No.1383 of 2021 and prayed for production of documents. The Petitioners / original Accused have not seriously resisted the Application. Since, the Respondent No. 1 / Original complainant wanted to produce documents, production of documents granted. Hence, Criminal Application No. 330 of 2022 is disposed off.

4. The Petitioners in Criminal Writ Petition No.1383 of 2021 prayed for quash and set aside the order dated 04.08.2021 passed by the learned Additional Session Judge,-14, Aurangabad, in Criminal Revision Application No.203 of 2017, whereby affirmed the order of issuance of process passed by the learned Judicial Magistrate First Class, Aurangabad, on 09.02.2016 in Regular Criminal Case No. 2039 of 2015 for the offence punishable u/s 379 of I.P.C.. The Petitioners have also prayed for quash and set aside R.C.C. No. 2039 of 2015 pending on the file of learned Judicial Magistrate First Class, Aurangabad. The Petitioners 1 & 2 are original Accused Nos. 1 & 2, whereas, the Respondent No. 1 is the original Complainant in R.C.C. No. 2039 of 2015.

5. Having regard to the submissions canvassed on behalf of both the sides, I have gone through record. It is a matter of record that, Mr. Tirathsing Sawhney, the father of present Respondent No.1 and Shri. Paramjitsingh Tirathsingh Sawhney had filed three complaints bearing S.C.C. Nos. (i) 8817 of 2007 (Tirathsingh Vs. Ajay Nandkumar Choudhari), (ii) 9030 of 2007 (Tirathsingh Vs. Ajay Nandkumar Choudhari) and (iii) 9031 of 2007 (Tirathsingh Vs. Ajay Nandkumar Choudhari) for the offences punishable under Section 138 of the Negotiable Instruments Act (hereinafter referred as N.I. Act).

6. On 01.03.2013 after full fledged trial, the learned Judicial Magistrate First Class, Aurangabad passed judgment and order in S.C.C. No.8817 of 2007 and S.C.C. No.9030 of 2007 and acquitted the accused therein for the offence punishable under Section 138 of the N.I. Act.

7. On 18.06.2013, the learned Judicial Magistrate First Class passed an order in S.C.C. No.9031 of 2007 (Tirathsingh Sawhney) (dead) through his legal heir Shri Harjitsing S/o. Tirathsing Sawhney, and thereby acquitted the accused therein.

8. Being aggrieved by the said order of acquittal of the accused persons, the Complainant, through his legal heir filed Criminal Application No.2221 of 2013 with Application No.2222 of 2013 and Application No.3680 of 2013 and challenged the orders of acquittal of accused by seeking leave to file Appeal.

9. On 21.11.2014, this Court (Coram: T. V. Nalawade, J.) passed an order and refused to grant leave to file Appeal against the orders of acquittal of the accused persons under Section 138 of the Negotiable Instruments Act.

10. In case-in-hand it appears that, the Respondent No.1 lodged a F.I.R., on 22.01.2011 with Jinsi Police Station, Aurangabad alleging that, on 14.01.2011 his Activa Scooter bearing Registration No.MH-20-AV-911 along with important documents which were kept in dicky of Scooter stolen by some unknown person. On the basis of said report a Crime No. I-3 of 2011 registered with Jinsi Police Station against the unknown person for the offence punishable under Section 379 of IPC.

11. Though the Investigating Officer conducted investigation, but failed to trace out the Activa Scooter as well as the thief, therefore, the Investigating Officer filed B-Summary Report on 01.04.2011.

12. Being aggrieved by said order of acceptance of B- Summary, the Respondent No.1/Informant filed Criminal Revision Application No.285 of 2011. The learned Additional Sessions Judge, Aurangabad passe