HASMUKH TARACHAND SETH Vs. ISHWARCHAND VASISTHANARAYANCHAND JHA

JUDGEMENT

(1.) This is a writ petition by original accused Nos.2 to 4 in S.C.C. No.1277 of 2005, being aggrieved by the order dated 21.7.2007 passed by learned 5th Judicial Magistrate, First Class, Aurangabad, issuing process against them under Section 138 of the Negotiable Instruments Act 1881, which order is confirmed by the learned Additional Sessions Judge 1, Aurangabad, in Criminal Revision No.339 of 2007 decided on 11.8.2009.

(2.) Some of the facts giving rise to this petition and which are undisputed at this stage are that present Respondent Nos. 1 to 65 are the original complainants in S.C.C. No.1277 of 2005 filed under Section 138 of the Negotiable Instruments Act, 1881 ("the Act" for short) as against M/s. Vishnu Vijay Packages Limited, present three petitioners and one more person. It is alleged that the said M/ s. Vishnu Vijay Packagers Ltd. is a company incorporated under the Companies Act, 1956. (Hereinafter referred to as "the said Company"). The said company had issued cheques dated 29.9.2004 drawn on H.D.F.C. Bank Ltd., Mumbai in favour of the Respondents complainants towards their various legal dues which the said company owed to the present respondents. When the respondents presented those cheques to the respective banks wherein they were having their bank savings bank accounts, those cheques were dishonoured with endorsement

(3.) After the said criminal complaint was filed, the learned trial judge raised doubt whether a common complaint of 65 complainants would be tenable and thereafter he heard Advocate for the complainants respondents herein and passed order on 1.11.2006 and directed the complainants to deposit court fees which appears to have been paid and thereafter order of issuance of process was passed on 21.7.2007 which is under challenge in this writ petition.