SANTHOSH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is an accused in seven different complaints filed under Sec. 138 of the Negotiable Instruments Act, 1881 9for short 'NI Act'). In these proceedings under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS'), he challenges three different orders issued by the learned Magistrate separately, in all seven cases.

(2.) In all these cases, the petitioner challenges three orders. Annexure A8 is an order dtd. 17/2/2024 dismissing petitioner's application for sending the cheque to the Central Forensic Science Laboratory. Annexure A14 is an order dtd. 24/7/2024 dismissing petitioner's application to summon a private person under Sec. 348 of the BNSS and to mark documents, while Annexure A16 is an order dtd. 12/6/2024 dismissing petitioner's application to issue summons to the complainant to produce documents allegedly in his custody. As the impugned orders are issued in cases arising between the same parties and all of them were issued, though separately, but on the same dates and since the issues raised are also identical, these cases are disposed of by this common order.

(3.) S.T. No.18/2016, S.T. No.181/2016, S.T. No.39/2016, S.T. No.02/2016, S.T. No.38/2016, S.T. No.31/2016 and S.T. No.180/2016 pending before the Judicial First Class Magistrate Court-II, Thodupuzha are the complaints filed by the second respondent alleging the offence under Sec. 138 of the NI Act committed by the petitioner. According to the complainant, petitioner had joined various chitties with the defacto complainant and after the chitties were priced and disbursed to him, he defaulted in repaying the amounts. Subsequently in repayment of the defaulted amounts, petitioner issued cheques, which, when presented for encashment, returned dishonoured for the reason 'funds insufficient'. Despite the issuance of statutory notices, there was no response from the accused and hence the complaints were filed.