N.N. Mathur, J.-By way of instant petition under Section 482 of the Code of Criminal Procedure the petitioner seeks to quash the order of the Sessions Judge, Bikaner dated 27-9-2002 confirming the order of the Additional Chief Judicial Magistrate No. 3, Bikaner dated 19-7-2001.

2. It appears that on the complaint filed by the second respondent, 3 private complaints being 246-98, 247/98 and 248/98 for offence under Section 138 of the Negotiable Instruments Act are pending in the Court of Additional Chief Judicial Magistrate No. 3, Bikaner. During the trial in all separate cases the evidence of the prosecution evidence was separately recorded. However, on the prayer of the petitioner all the three cases were amalgamated by order dated 8-12-99. When the case was at the conclusion after the statements of the prosecution witnesses in joint trial have been recorded the accused petitioner filed an application under Section 311 of the Code of Criminal Procedure for recalling of the complainant. The prayer was rejected by the trial Court. The learned Sessions Judge has confirmed the said order.

3. The instant petition has been filed circumventing the provisions of Section 397(3) Cr.