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2004 Supreme(Guj) 685

C.K.BUCH
JAYESHBHAI JAYANTIBHAI MANIAR – Appellant
Versus
STATE OF GUJARAT – Respondent


Advocates Appeared: A.J.SHASTRI, S.S.PATEL

C. K. BUCH, J.

( 1 ) HEARD Mr. A. J. Shastri, learned counsel appearing for the petitioner and Mr. S. S. Patel, ld. APP, appearing on behalf of respondent no. 1-State.

( 2 ) 2 (I) having considered the reasons assigned by the ld. Chief Judicial Magistrate, Surendranagar, while dealing with and disposing of the applications at Exh. 29 in Criminal Case No. 348 of 2002, Exh. 24 in Criminal Case No. 477 of 2002 and again at Exh. 24 in Criminal Case No. 478 of 2002, whereby the ld. Chief Judicial Magistrate rejected the request to consolidate all the three cases and to try them as one single case, on the ground that four different cheques were given in one single transaction and merely because the dates of the respective cheques are different, separate prosecutions have been instituted. 2 (II) the ld. Chief Judicial Magistrate, after hearing the parties, dismissed all the applications, stating that there is no scope causing prejudice to the accused and all the three are distinct offences; on the contrary, it may create some confusion, if the trial is conducted in a consolidated manner. The reasons assigned by the ld. Chief Judicial Magistrate are legal and convincing. This decision of th







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