TULSIDAS BANBIHARILAL GOYAL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Shri R.C. Kodekar, learned APP waives service of notice of rule for the respondent No.l-State of Gujarat and learned counsel Shri S.P. Majmudar waives service of notice of rule for the respondent No.2- complainant in all these four matters.

(2.) Shri Pankajbhai Popatbhai Savaliya, Company Secretary of M/s. Borsara Machines, one of the divisions of Himson Textile Engineering Industry, Surat- complainant had filed four private criminal complaints i.e. Criminal Case Nos.2473, 2474, 2475 and 2476 of 2003 before the Court of J.M.F.C., Surat against the three accused; (1) M/s. N.K. Filaments Private Limited; (2) Mr.Murlimanohar Banbiharilal Goyal and (3) Tulsidas Banbiharilal Goyal (present applicant) for the offences under Section 138 and 141 of the Negotiable Instrument Act. It is the case of the complainant that the accused No.2-Murlimanohar Banbiharilal Goyal had given in all 17 cheques of Rs.5 lakhs each, but all the cheques were returned by the bank on 29.5.2003 with the endorsement "account closed". All the cheques were duly signed by the accused No.2-Shri Murlimanohar Banbiharilal Goyal. Therefore, the complainant-Company gave statutory notice dated 9.6.2003 to all the three accused; (1) M/s. N.K. Filaments Private Limited; (2) Mr. Murlimanohar Banbiharilal Goyal and (3) Tulsidas Banbiharilal Goyal (present applicant). But none of them gave any reply to it, therefore, as stated earlier, the complainant filed four complaints i.e. Criminal Case Nos.2473, 2474, 2475 and 2476 of 2003 before the J.M.F.C., Surat against all the three accused for the offences under Sections 138 and 141 of the Negotiable Instrument Act.

(3.) Criminal Case No.2473 of 2003 was filed by the complainant for dishonouring of four cheques bearing Nos. 194862 to 194865 dated 24.5.2003 of Rs.5 lakhs each, in all Rs.20 lakhs. Criminal Case No.2474 of 2003 was filed for dishonouring of four cheques bearing Nos.194858 to 194861 dated 24.5.2003 of Rs.5 lakhs each, in all Rs.20 lakhs. Criminal Case No.2475 of 2003 was filed for dishonouring of five cheques bearing Nos. 194870 to 194874 dated 24.5.2003 of Rs.5 lakhs each, in all Rs.25 lakhs and Criminal Case No.2476 of 2003 was filed for dishonouring of four cheques bearing Nos. 194866 to 194869 dated 24.5.2003 of Rs.5 lakhs each, in all 20 lakhs. Thus, 4 complaints were filed for cheques of in all Rs.85 lakhs, which were signed by the accused No.2 Murlimanohar Goyal on behalf of accused No.l company.