LAWS(DLH)-2007-4-32

ICICI BANK LTD Vs. PRAFULL CHANDRA

Decided On April 04, 2007
ICICI BANK LTD. Appellant
V/S
PRAMOD KUMAR Respondents

JUDGEMENT

(1.) In all these cases identical orders made by the learned Metropolitan Magistrate on 30.3.2007 dismissing the complaints preferred, have been impugned. The petitions involve identical questions of fact and law. Since the complaints were dismissed without further proceeding, on the first date of hearing, by the trial court, these revision petitions are being disposed off finally at the admission stage.

(2.) The impugned order reads as follows :

(3.) The complaints in all the proceedings filed by the common petitioner-Bank were identically phrased; they alleged commission of offences under Section 138/141 of Negotiable Instruments Act. It was alleged that the cheques in question were dishonoured upon presentation; as a consequence legal notices under Section 138(b) of the Act were issued on 15.12.2006. Since the notices went unheeded and according to the complainant the accused did not comply with their terms and pay the amounts, the complaints were filed.