S SAVITHRI Vs. S K BABU

JUDGEMENT

(1.) THE above Criminal Original Petitions have been filed by the accused in C. C. Nos. 15160 and 15161 of 2007 on the file of the learned VII Metropolitan Magistrate, George Town, Chennai respectively. The petitioners in both the above petitions are same. But, the respondent/complainant in the petitions are different. The petitioners are facing trial in both the cases for the alleged offence under Section 138 of N. I. Act. The second petitioner is the son of the first petitioner. The respective respondents have filed the private complaints under Section 138 of N. I. Act in respect of the alleged dishonour of cheques said to have been issued in their favour by the petitioners herein. Since the petitioners are same and common questions arise for consideration in both the Criminal Original Petitions, they are being disposed of by this common order.

(2.) MR. KALAYANASUNDARAM, learned senior counsel appearing for the counsel on record Mr. G. Sethuraman for the petitioners raised the following contentions:-

(3.) IN support of the above said contentions, the learned senior counsel relied upon the following decisions:-