HARI GOVIND HATWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By each of these applications under Sections 482 of the Code of Criminal Procedure (hereinafter for short referred as "Code") the applicant/accused facing prosecution in the Court of Additional Chief Judicial Magistrate, Nagpur along with other accused for commission of offence under Section 138 of the Negotiable Instrument Act in Criminal Complaint Case Nos. 508, 466, 507, 521 and 522 of 2002 instituted upon the private complaint lodged by respective non-applicant No. 2 in respective application has thrown challenge to orders passed by the trial Court in respective cases of:

(2.) The facts in brief giving rise to preferring such applications can be set out as under;

(3.) Each of non-applicant No. 2 had respectively instituted above referred five criminal complaint cases against the applicant and other co-accused in respective case for commission of offence under Section 138 of the Negotiable Instruments Act amongst other upon the contentions that the applicant/accused was Chief Promoter of M/s Shreekrupa Udyog Samuha and had floated various schemes to the effect that the amounts deposited in pursuance of the said scheme would be returned along with an interest. It is the case of the respective non-applicant No. 2 in respective complaint lodged that the applicant has issued the cheques for the amounts as narrated in the respective complaint to them. Since the said cheques were not honoured and the commission of offence had occurred as stated in the respective complaint, the said non-applicants were required to institute said cases.