NAZIM KARIM MUMBRAWALA Vs. KESHAVA PRASAD H. A.

JUDGEMENT

(1.) The above group of Petitions filed by the Petitioner, who is original accused, challenging the orders passed by the learned Magistrate thereby issuing process against the Petitioner in four Complaints filed by Respondent No.1 herein under Section 138 of the Negotiable Instruments Act on account of dishonour of the post dated cheques mentioned in the Consent Terms arrived at between the Petitioner and Respondent No.1. It is submitted across the bar that the facts involved in all the above Writ Petitions are similar. In all the four Writ Petitions the Petitioner challenges the orders of issuing process against him. The Petitioner-Accused and Respondent No.1-Complainant are the same in all the four Writ Petitions. However the complaints and cheques are different. In Writ Petition No.886 of 2019 the Complainant No. is 2505/SS/2017 and Cheque Nos. are 000043 dated 18/10/2016 and 000044 dated 18/12/2016; in Writ Petition No.887 of 2019 the Complainant No. is 4531/SS/2017 and Cheque No. is 000047 dated 18/04/2017, in Writ Petition No.888 of 2019 the Complainant No. is 3589/SS/2017 and Cheque No. is 000046 dated 18/02/2017 and, in Writ Petition No.889 of 2019 the Complainant No. is 6623/SS/2016 and Cheque No. is 000042 dated 18/08/2016. Therefore, by consent of the learned counsel for the parties, all the four Writ Petitions are heard together and being disposed of by this common judgment and, Writ Petition No.886 of 2019 is being treated as a lead matter.

(2.) Rule in all the Writ Petitions, with the consent of the learned counsel for the parties made returnable forthwith and heard finally at the admission stage.

(3.) Writ Petition No.886 of 2019 takes an exception to the order dated 27/04/2018 (actual date is 27/04/2017) passed by the learned Metropolitan Magistrate, 48th Court, Andheri, Mumbai thereby issuing process against the Petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act.