KAILASH CHAND JAIN Vs. N SEETHARAMAN

JUDGEMENT

(1.) 1. Learned Counsel for the petitioner submits that the petitioner has come forward in all these Petitions seeking for a direction to set aside the impugned orders passed by the learned Magistrate, dismissed the Complaints filed by the petitioner for the offence punishable under Section 138 of Negotiable Instruments Act.

(2.) IT is submitted by the learned counsel for the petitioner that the petitioner is the complainant in all the Complaints. IT is also submitted by the learned counsel for the petitioner that in all the Complaints, the date of the disputed cheques and amount borrowed by the accused and also in respect of the presentation, thereafter date of statutory notice given are clearly stated. IT is also contended by the learned counsel for the petitioner that the petitioner has followed the mandatory requirements contemplated under Section 138 of Negotiable Instruments Act. IT is further contented by the learned counsel for the petitioner that after recording the sworn statements of the petitioner, the learned Magistrate has dismissed all the Complaints mainly on the ground that the complainant has not given the details about the payment of loan, date of cheque and presentation of the cheque, in the sworn statements. IT is submitted by the learned counsel for the petitioner that in view of the specific allegations contained in the Complaints itself in respect of all the details of payment of loan, date of issuance of cheque and the presentation of the same, the petitioner, as a complainant need not give all the details in the sworn statement.

(3.) I have carefully considered the submissions made by the learned counsel for the petitioner and also perused the impugned orders passed by the learned Magistrate.