CHETAN SUNDERJI BHANUSHALI Vs. HEMA RAMESH CHHEDA

JUDGEMENT

(1.) By these applications under Sec. 482 of the Code of Criminal Procedure, 1973 ("the Code, 1973), the applicants take exception to the orders passed by the learned Additional Sessions Judge, Greater Bombay, in Criminal Revision Applications, whereby the revision applications preferred by the applicants against the order passed by the Magistrate, issuing process against the applicants for an offence punishable under Sec. 138 r/w Sec. 141 of the Negotiable Instruments Act, 1881 ("the N. I. Act, 1881), came to be dismissed.

(2.) As a common question of law arises for determination in an almost identical fact - situation, all these applications were heard together and are being decided by this common judgment.

(3.) The Respondent No. 1 - original complainant, in each of the applications, filed a complaint for an offence punishable under Sec. 138 r/w Sec. 141 of the N. I. Act, 1881, with the assertion that, believing the representations of the applicants and the co-accused, the complainant had advanced varying amounts by way of loan, by cheques drawn in favour of M/s. Arihant Realtors (A1), a partnership firm; of which the applicants are the partners. Towards the discharge of the said liability, the accused had drawn the cheques on State Bank of Patiala, Bandra Branch, Mumbai. The said cheques were returned unencashed with the remarks 'Insufficient Funds'. The accused failed to pay the amount covered by the subject cheques despite service of the demand notice, within the stipulated period.