R. RAMAMURTHY Vs. ITC LIMITED

JUDGEMENT

(1.) BY way of these two petitions under Section 482 Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.'), the petitioners assails the order dated 21.12.2012 passed by learned Metropolitan Magistrate in Complaint Case No.988/1/12 titled M/s ITC Limited vs. M/s Srvana Traders & Ors. and order dated 20.10.2012 passed by learned Metropolitan Magistrate in Complaint Case No.26/12/12 titled M/s ITC Limited vs. M/s Srvana Traders & Ors. for the offence under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act'). Since both the petitions are on identical grounds and between the same parties, both the petitions are being disposed of by this common order.

(2.) BRIEF facts of the case are that the respondent ITC Ltd. filed the aforesaid complaints under Section 138 read with Section 142 of the Act against M/s Srvana Traders and its partners (petitioners and respondents No.2 & 3 herein).

(3.) VIDE order dated 21.12.2012 in Complaint Case no. 988/1/12, learned trial court took cognizance of the offence under Section 138 of the Act read with Section 142 of the Act against the petitioners and respondents No.2 to 3 for dishonour of cheque bearing no. 225760 dated 3.10.2011 for Rs.20.00 lakhs.