EKVEERA JEWELLERS ANTURLI Vs. SHAUNAK DEEPAK KULKARNI

JUDGEMENT

(1.) This group of Writ Petitions is clubbed together for hearing, since it raises common question of law and facts. It arises out of the complaints instituted under Sec. 138 of the Negotiable Instrument Act by respective respondents against the petitioner. The petitioner raises challenge to the order of issuance of process passed by the Judicial Magistrate First Class, Jalgaon, so also the order of the Sessions Court passed in Revision, thereby confrming the order of Magistrate.

(2.) In nutshell, the complaints are fled with contention that the respondent is in the business of selling gold and silver ornaments and runs his business in the name and style as "Ekveera Jewellers Anturli". In pursuance of the said business, the petitioner had foated a scheme by which on investment of certain amount for more than two years, the interest at the rate of 1.25% per month was ofered. On expiry of two years locking period, the investor was entitled to receive his deposited amount alongwith interest or gold of equal amount. The complainants participated in the scheme and deposited the amount. In lieu of the aforesaid deposits, the petitioner issued cheques, however, on presentation, dishonored with endorsement "payment stopped by drawers". The respondent issued demand notice, which has been duly served upon the petitioner. However, he failed to comply the notice by giving false reply, as such complaint has been fled.

(3.) On presentation of the complaints, the learned Magistrate passed the order below Exhibit-1, which reads thus: