SANTOSH KUMAR GUPTA Vs. STATE

JUDGEMENT

(1.) Since litigating parties are the same i.e. Santosh Kumar Gupta, the Petitioner and Religare Securities Ltd., the Respondent; both captioned petitions are being disposed of by a common order.

(2.) The subject matter of Crl.M.C. No. 2271/2010 is a cheque bearing No. 258810 in sum of Rs.5,00,000/-drawn on Etah Urban Co-operative Bank Ltd. which when presented for encashment was returned by the said bank with the remark 'Drawer's signature different' and 'Funds insufficient'. The subject matter of Crl.M.C. No. 862/2010 is a cheque bearing No. 258815 in sum of Rs.5,00,000/-drawn on Etah Urban Co-operative Bank Ltd. which when presented for encashment was returned by the said bank with the remark 'Drawer's signature different' and 'Funds insufficient'.

(3.) Being the holder of the two cheques, Religare Securities Ltd. filed two complaints against the Petitioner alleging that the cheques were issued by the Petitioner in discharge of debts accrued to the company. It was pleaded that the Petitioner is the beneficiary of facility of trading in shares in NSE and other stock exchanges through the complainant and his account number is SG-511. It was pleaded in the complaint that in spite of notices served after the cheques were returned with the remarks aforesaid, the payment has not been made good.