VIRAL ENTERPRISES Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With the consent of the learned counsel for the parties, heard finally.

(2.) The following question of law is sought to be raised in all these petitions, which arises in the backdrop of almost identical facts.

(3.) The bare minimum facts required to be noted to determine the aforesaid question of law can be summarized as under:- The original complainant-Respondent No. 2, in each of the petitions, filed complaints for commission of offence punishable under sec. 138 of Negotiable Instruments Act, 1881 (NI Act, 1881) alleging issue, presentment and dishnour of the cheques, drawn by the petitioners and the failure of the petitioners to pay the amount covered by the cheques despite service of the demand notice within the stipulated period. The complainant adduced evidence and upon completion of the evidence, the statement of the accused, under sec. 313 of the Code of Criminal Procedure, 1973 came to be recorded. In the said examination under sec. 313 of the Code, the petitioner No.2/ accused stated that, he would examine himself on oath and also lead evidence in defence.