(1.) THESE appeals have been taken up together for disposal since they are arising out of common judgment passed by the xxii Addl. C. M. M. , and XXIV Addl. Small Causes Judge, Bangalore City in C. C. Nos. 18426/03 to 14829/03 by order dated 21-12-05.
(2.) THE appellant had filed four separate cases against the respondent for the offence punishable under Section 138 of the Negotiable Instruments act for the dishonour of cheques issued by the respondent drawn on Canara bank, Mahalakshmi Layout Branch, Bangalore. According to the complainant, he issued a legal notice dated 13-8-2003 by RPAD as well as under Certificate of Posting on 13-8-2003 and despite service there is non-compliance by the respondent to pay the amount, as such, the complaint came to be filed. Along with the complaint, an application under Section 5 of the Indian Limitation Act r/w Section 142 (b) of the N. I. Act was also filed for condonation of delay of 13 days in filing the complaint. The learned magistrate, after enquiry, has taken up the matter for final disposal and while answering the first issue as to whether the complaint/petition is barred by time, holding that petition is time barred, dismissed the complaint. Hence, these four appeals.
(3.) HEARD the learned Counsel for the appellant and the learned Counsel representing the respondent.