MANIPAL SOUBHAGYA NIDHI LTD Vs. RAMESH PRABHU

JUDGEMENT

(1.) The above group of Petitions have been filed by the Petitioners, who are original Accused Nos.1 to 3, challenging the order of issuance of process dated 17/12/1999, order dated 11/09/2001 rejecting their discharge applications and, the order dated 17/01/2003 dismissing their Revision Applications. Respondent No.1 herein are the original complainants who have filed separate complaints against the Petitioners in the Court of Chief Judicial Magistrate, Nashik. It is submitted across the bar that the facts involved in all the above Writ Petitions are similar. In all the Writ Petitions the Petitioners are same and, Respondent No.1 - original complainants are different who have filed separate Criminal Complaints against the Petitioners. Respondent No.1 - original complainants have filed separate Criminal Complaints against the Petitioners for the offences punishable under Sections 403, 405, 406, 419, 420, 425, 426 r/w 34 of the Indian Penal Code. In Writ Petition No.845 of 2004 the Criminal Complaint No. is 270 of 1999, in Writ Petition No.846 of 2004 the Criminal Complaint No. is 271 of 1999, in Writ Petition No.847 of 2004 the Criminal Complaint No. is 268 of 1999, in Writ Petition No.848 of 2004 the Criminal Complaint No. is 269 of 1999, and in Writ Petition No.849 of 2004 the Criminal Complaint No. is 152 of 1999. Therefore, by consent of the learned counsel for the parties, all the Writ Petitions are heard together and being disposed of by this common judgment, and Writ Petition No.845 of 2004 is treated a s a lead matter.

(2.) This Court (Coram : A S Aguiar, J) by order dated 03/09/2004 has already issued Rule in all the Writ Petitions.

(3.) All the Writ Petitions take an exception to the order of issuance of process dated 17/12/1999 passed by the learned Magistrate, 3rd Court, Nashik in the aforesaid criminal cases and, the order dated 17/12/2003 passed by the learned IInd Ad-hoc Addl. District Judge, Nashik in the Revision Applications filed by the Petitioners against the order dated 11/09/2001 passed by 5th Jt. Civil Judge, Junior Division & JMFC Nashik rejecting their discharge applications.