SUNIL AGARWAL Vs. SUNIL GUPTA

JUDGEMENT

(1.) The aforesaid petitions arise out of complaints pending between the same parties and impugned order dated 21.10.2019 passed by the Metropolitan Magistrate, Patiala House Courts in the respective complaints being Ct. Cases 34087/2016 and 36871/2016.

(2.) As the issue as well as the parties are common, both the petitions are heard together and disposed of by this common order.

(3.) Learned counsel for the petitioner has submitted that the present cases relate to the proceedings under Section 138 of Negotiable Instruments Act. He further submits that in both the complaint cases, the notice under Section 251 Cr.P.C. was framed against the petitioner on 29.08.2019. On the said date, the petitioner was given an opportunity to file application under Section 145(2) N.I. Act and the case was listed for consideration of the application, if so filed and for defence evidence on 21.10.2019. On 21.10.2019, the learned counsel for the petitioners sought one opportunity to file the application under Section 145(2) N.I. Act however, the same was declined on the ground that the case pertained to the year 2015 and the matter was listed for statement of the accused/defence evidence on 23.12.2019.