AMIT MOHAN INDER MOHAN SHARMA Vs. MAMTA AGENCY

JUDGEMENT

(1.) Rule returnable forthwith. Heard finally with consent of parties. All these applications under section 482 of Criminal Procedure Code are directed against the common order passed by the 10th Ad hoc Additional sessions Judge, Nagpur in Criminal Revision Application No. 408/2006, 409/2006 and 410/2006 filed by the applicant, to challenge the order of issue of process against him for the offence punishable under section 138 of Negotiable instruments Act (hereinafter referred to as Act for the sake of convenience) , in criminal Complaint Cases No. 676/1997, 677/1997, 679/1997 dated 23-8-2005 by which learned Magistrate had rejected the application of the applicant for recalling of the process against him for the offence under section 138 of the Act.

(2.) Facts which are necessary for the disposal of these applications can be stated thus. The respondent No. 1 had filed complaints against the present applicant who is accused No. 4 in these complaint cases, for the offence punishable under section 138 of the Act and 420 of the Indian Penal Code. As stated above the complainant had filed these complaints under section 138 of the act and 420 of Indian Penal Code alleging that this accused (accused No. 4) along with other accused i. e. Nos. 2, 3 and 5 are the Directors of accused No. 1 company-A. U. Roller Flour Mill Private Limited. They had business dealings with the complainant's firm i. e. M/s Mamata Agency. During the business transaction, they had issued cheque. Three cheques were issued on Allahabad bank, Nagpur on 28-10-1997 and 21-10-1997. They were dishonoured. After due compliance of the necessary provisions of issuing notices etc. as the amount was not paid, the complainant filed relevant complaints for offence under section 138 of the Act read with section 420, Indian Penal Code.

(3.) During the said proceedings, the learned Magistrate passed an order of issue of process against the accused persons after recording verification statement of the complainant, including this accused.