The complaint filed by the appellants under Section 138 of the NI Act is earlier in point of time. The complaint filed by respondent No.2 is more than two years later. Since the issue in both the cases revolves around the same cheque, therefore, we find that instead of quashing the FIR No. 3 of 2007, the ends of justice would meet if proceedings arising out of FIR No. 3 of 2007 are transferred to the Court of Judicial Magistrate, Surat,

We find that the issue in both the complaints pertains to cheque No. 567889 which was said to be from the cheque book of the Company of which respondent No. 2 is the officer. The appellants rely upon the said cheque in a complaint for an offence under Section 138 of the NI Act whereas the respondent No.2-complainant alleges that said cheque along with two other cheques had been misplaced which were used by the appellants fraudulently.

8.The complaint filed by the appellants under Section 138 of the NI Act is earlier in point of time. The complaint filed by respondent No.2 is more than two years later. Since the issue in both the cases revolves around the same cheque, therefore, we find that instead of quashing the FIR No. 3 of 2007, the ends of justice would meet if proceedings arising out of FIR No. 3 of 2007 are transferred to the Court of Judicial Magistrate, Surat, where the proceedings of other complaint under Section 138 of the NI Act are pending so that the complaint filed by the appellants and the proceedings arising out of FIR alleged by respondent No. 2 are decided together to avoid contradictory judgments and to facilitate the issues which are common in both.

9.Consequently, the appeal is disposed of with the direction that the proceedings arising out of FIR No. 3 of 2007 PS Mehsana shall stand transferred to the Court of Judicial Magistrate, Surat where the proceedings of complaint No. 33537 of 2006 is pending. Both the cases shall be heard and decided together.

10.The parties are directed to appear before the Court of Judicial Magistrate, Surat on 16th March, 2020 for further proceedings in accordance with law.

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