NANDKISHOR SHAMKANT SONAR Vs. MALATI DIVAKAR KULKARNI

JUDGEMENT

(1.) Since all these matters though arise out of separate complaints filed by the Respondents from the respective Writ Petitions for the offence punishable under Section 138 of the Negotiable Instruments Act, the Petitioner is the accused in each of these cases and the Respondents are the member of one family. Same advocate appears for the Petitioners in all the matters and even the Respondents appear through the same advocate. Since the parties are unanimous that all these Writ Petitions raise same issues, with a view to avoid repetition all these matters have been heard finally together with the consent of the parties and are being disposed off by this common judgment.

(2.) The Rule is made returnable forthwith. Learned advocate for the Respondents waives service.

(3.) The Respondents who are the original complainants filed complaints against the petitioner for the offence punishable under Section 138 of the Negotiable Instruments Act making similar allegations. They alleged that the Petitioner obtained a hand loan from them by promising to repay it. In tune with his promise he issued them cheques. They presented the cheques for encashment but were returned dishonoured with a bank endorsement. Statutory notices were issued to him by Registered Post A.D. However, the notices returned with postal endorsement that on inquiry it was found that the addressee was residing elsewhere and the new address was not known. Since the petitioner failed to pay the amount demanded in the notices within a month, the complaints were filed. The learned Magistrate issued process by the impugned orders. The Petitioner challenged the orders of issuance of process by preferring separate revisions under Section 397 of the Code of Criminal Procedure. By the impugned separate judgments the learned Additional Sessions Judge dismissed the revisions. Hence these Writ Petitions.