RAINEE SINGH Vs. STATE

JUDGEMENT

(1.) THESE are three petitions filed under Section 482 of Code of Criminal Procedure, 1973 (hereinafter after referred to as 'Cr.P.C.') read with Article 227 of Constitution of India impugning the order dated 12.10.2010 passed by learned Metropolitan Magistrate, New Delhi.

(2.) SINCE all these three petitions have arisen out of order dated 12.10.2007 and the question involved in all the petitions are similar, therefore, all the petitions are being disposed of together by this common order.

(3.) LEARNED counsel for the petitioners contended that according to the complainant, the petitioners had availed friendly loan against which cheques were issued by way of security in favour of the complainant. He also submitted that the cheques in question were issued in discharge of any legally enforceable debt or other liability and, therefore, the provisions of Section 138 of NI Act are not attracted. The other submission of learned counsel for the petitioners are that the notice of demand sent by respondent No. 2 before filing the complaint was not sent at the correct addresses. The notices were alleged to have been sent by courier and in the absence of delivery receipts showing services of notice upon the petitioners, the complaint is not maintainable.