ANUP JAGDISH AGARWAL Vs. NIKUNJ LALIT SHAH

JUDGEMENT

(1.) In these petitions the original accused have approached this Court to challenge an order of issuance of process at the instance of complainants who are respondent Nos. 1 to 4 in these petitions.

(2.) The process has been issued on a complaint alleging commission of offences punishable under section 138 of the Negotiable Instruments Act, 1881 (the Act for short).

(3.) Two contentions have been raised by the learned Counsel appearing for the petitioners to challenge issuance of process. It is firstly submitted that the original complainants, respondent Nos. 1 to 4 are the 3 legal heirs of late Mr. L.N. Shah who died on 18th January 2007. It is alleged in the complaint that the petitioner had issued cheques towards repayment of loans taken from the late Shah. After inviting my attention to the details of the said cheques, it is contended that the case of the petitioner is that after the death of late Shah they had gone through certain documents, bank statements etc. They found that late Shah had advanced various sums to the petitioners and other family members of the petitioners from time to time. In such circumstances and for due repayment of the loan, the cheques in question had been issued by the present petitioner. The complaint proceeds to allege that the cheques were deposited by the complainants in the bank and they were dishonoured. Thereafter, the notice under section 138-B was issued by the complainants. However, as the petitioner failed to comply with the same, the subject complaints have been filed.