ANIL KUMAR SINGH Vs. KANAK PRABHA DUTTA

JUDGEMENT

(1.) The present revisions arise out of the order dated 17-11-2001 passed in different revisions. The matter in controversy and the law points involved are common hence both the revisions are being decided by the common order.

(2.) The brief facts relating to Criminal Revision No. 658 of 2001 are that Smt. Kanak Prabha Dutta opposite party No. 1 filed a complaint under Ss. 138/141 of the N. I. Act Police Station George Town, Allahabad, on the ground that the revisionist-Anil Kumar Singh and opposite parties Nos. 3 to 6 were the partners of the firm opposite party No. 2, Sri P. N. Singh opposite party No. 3 took Rs. 1,00000.00 (one lac) from Kanak Prabha Dutta with a promise to return the same on 30-6-1997. On the said date cheque number 097603 was issued by opposite party No. 3, which was presented to the Bank on the same day but the Bank informed on 3-7-1997 that it cannot be paid on account of shortage of money in the said account. The opposite party No. 2 Smt. Kanak Prabha issued a notice which was served on opposite party Nos. 2 to 6 on 16-6-1997 and demanded Rs. 1,00000.00 (one lac) which was not paid hence the complaint was filed.

(3.) The facts of Criminal Revision No. 659 of 2001, are almost the similar except that Smt. Sonali Dutta opposite party No. 1 filed a complaint on the same facts that the opposite party Nos. 2 to 6 borrowed Rupees 1,00000/- (one lac) from her and promised to pay on 30-6-1997. On 30-6-1997 the opposite party No. 3 Paras Nath Singh issued Cheque No. 097604 as partner of the firm opposite party No. 2 which was presented to the Bank but the same was returned on account of shortage of money hence a notice was sent which was received to revisionist and opposite parties 2 to 6 on 16-7-1997 whereby the complainant opposite party No. 1 demanded Rs. 1,00000.00 (one lac) and the same being not paid, the complaint was filed.