JUDGMENT

R. N. BISWAL, J. — This CRLMC arises out of a petition under Section 482 of Cr.P.C. filed on behalf of the petitioner with a prayer to direct that G.R. Case No.1909 of 2003 and I.C.C. Case No.586 of 2005 pending before E.B. Rao and R.M. Acharya both Judi¬cial Magistrates First Class Bhubaneswar, respectively shall be tried and decided by one Court one after another.

2. Opposite party No.2 filed I.C.C. Case No.586 of 2005 before the Court of S.D.J.M., Bhubaneswar on the allegation that the petitioner took a friendly loan of Rs.74,000/- from him for construction of her house at Puri with a stipulation that she would repay the loan within a period of one month, but she did not repay the same within the time stipulated. However, after much request and persuasions she handed over to him six cheques of Rs.74,000/- all of which were drawn on the account maintained by her with the State Bank of India, Station Bazar Branch, Puri. Out of the six cheques, the complainant (O.P. No.2) presented three cheques bearing Nos.0672161 dtd. 1.10.2002, 072162 dtd. 1.10.2002 and 072163 dtd. 2.10.2002 of Rs.10,000/- each to his banker, U. Co. Bank, Suryanagar Branch, Bhubaneswar on 17.1.2003 for collection. All these three cheques were dishonoured because of insufficient funds, which was intimated to the complainant on 28.1.2003. So, on 21.2.2003 he sent a Registered letter through his counsel to the petitioner-accused demanding payment of the cheques-amount of Rs.30,000/- within 15 days of receipt of the notice Even though the peti¬tioner-accused received notice, she did not respond to it. Ultimately the complainant (opposite party No.2) filed the aforesaid complaint case. After recording statement of the com¬plainant, the learned S.D.J.M. was pleased to take cognizance of the offence under Section 138 of the Negotiable Instrument Act (hereinafter referred to as ‘N.I. Act’) against the accused-petitioner and the case was proceeded with. Having been trans¬ferred, now the said case is pending before the Court of R. M. Acharya, J.M.F.C., Bhubaneswar.

3. On 6.4.2003 the petitioner filed I.C.C. Case No.1045 of 2003 before the S.D.J.M., Bhubaneswar, on the allegation that accused No.1 (Opposite party No.2) who works as a building con¬tractor agreed upon to replace the old roof of her house for a new one on condition that she would pay the money, contracted for the purpose, after the work was over. While the construction was on progress accused No.1 (Opp. Party No.2) asked the complainant for payment of Rs.50,000/-, but the complainant expressed her inability to pay such a huge amount at a time and requested him to continue the work on promise that she would pay the same by November 2002 on availing a loan. Accordingly the said accused continued the work but demanded interest at the rate of 3% per month on the said Rs.50,000/-. On being dishonestly induced and persuaded, the complainant handed over 5 numbers of blank cheques to him as guarantee with an understanding that he would return back those cheques on payment of cash. Sometime thereafter, again on being induced by the said accused, the complainant gave him another blank cheque along with a cash of Rs.15,000/-. After completion of the work accused No.1 (Opp.Party No.2) claimed Rs.74,000/- in toto from the complainant and persuaded her to issue a cheque of the said amount in favour of H. K. Multimedia (accused No.2) of which he claimed to be a partner. On 10.4.2003 the complainant issued an A/c payee cheque of Rs.74,000/- per¬taining to Andhra Bank, Baramunda Branch, Bhubaneswar in favour of H. K. Multimedia and handed over it to accused No.1, which was cleared up on 11.1.2003. Accused No.1 did not return back those 5 numbers of blank cheques to the complainant despite her repeated requests. He filed the aforesaid complaint case No.I.C.C. Case No.586 of 2003 utilizing three of the blank cheques. On being requested by the complainant and her brother to make them know about the details of H. K.