NEETA MUKESH JAIN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This group of applications may be disposed off by common order as the parties are same and the question involved in all these applications is also same. Heard learned counsel for the parties.

(2.) Respondent No. 2 in each of all these applications is original complainant and the applicant is the original accused. The Complainant had filed Cri. Appln. Nos. 4510 to 4513 of 2009 decided on 5-7-2010. (Bombay) complaints under section 138 of the Negotiable Instrument Act on 3-8-2005 and the same were registered as Criminal Case No. 5343/SS/2005, 5344/SS/2005, 5345/SS/2005 and 5346/SS/2005. It was the case of the complainant/Respondent No. 2 in each of the complaint that the applicant/accused had approached them for loan and therefore, they have given loan of Rs. 2,00,000/-, Rs. 2,00,000/-, Rs. 2,50,000/- and Rs. 1,50,000/- respectively.

(3.) The applicant issued four different cheques being cheque No. 054816 dated 12-4-2005 for Rs. 2,00,000/-, cheque No. 054817 dated 21-4-2005 for Rs. 2,00,000/-, cheque No. 054818 dated 21-4-2005 for Rs. 1,50,000/- and cheque No. 054819 dated 5-5-2005 for Rs. 2,50,000/-. All these cheques were presented and were dishonoured on different dates. Three of them were dishonoured on 28-5-2005 and one was dishonoured on 14-6-2005. On getting intimation, the complainant in each case issued demand notice dated 25-6-2005 to the accused. The Notices were received and the accused also replied through advocate on 8-7-2005. As the payment was not made, on 3-8-2005, complaints were filed in each case. On 3-8-2005, the Metropolitan Magistrate of the 7th Court, Dadar, directed to issue process against accused in each of the said case.