MAHADEV CORPORATION Vs. ALLAHABAD BANK

JUDGEMENT

(1.) These three revision petitions arise out of similar orders passed by the Metropolitan Magistrate on the application moved by the petitioner/accused for recalling the summoning orders earlier issued against them for commissions of offence punishable under Section 138 of the NEGOTIABLE INSTRUMENTS ACT, 1881 (hereinafter referred to as the Act). There were three cheques which were dishonoured and therefore necessity arose for the complainant to file three separate complaints against the petitioner/accused.

(2.) Since similar question arises in all the three revisions petitions, therefore these three petitions are being disposed of together by one common judgement. Brief facts as emerges from these files are that the petitioner company was allowed cash-credit facility by the respondent bank and accounts in this regard being Account No. CC-500219 was opened by the respondent bank. As on 4th December,1995 an outstanding balance of Rs. 83,38,616.10 was shown in the accounts against the permitted operator limit of Rs. 32,52,000/-.

(3.) The respondent bank addressed a letter to the petitioner corporation on 4th December,1995 asking them to deposit the amount of Rs. 83,38,616.10. The petitioner, in reply, vide their letter dated 19th December,1995 acknowledged its liability and also forwarded seven post dated cheques for Rs. 8,00,000/- each so as to cover the repayment of the overdrawn amount. The petitioner had issued these cheques in their own name on an account being maintained by them in Corporation Bank, Paschim Vihar, New Delhi.