(1.) Several criminal complaint petitions identical and similar in nature were filed before the Court of the learned Additional Deputy Commissioner (Judicial) at Shillong. The complainant in all the said complaint petitions is the respondent No. 1 herein. Again, in all the complaint petitions the same set of accused persons were arrayed viz;
(2.) The complaint was made under Sec. 138 read with Ss. 141 and 142 of the Negotiable Instruments Act, 1881 and also read with Ss. 420, 418, 417, 403, 409 and 406 IPC. The offences alleged is with regard to dishonour of cheques drawn on HDFC Bank, Kalapahar, Guwahati Branch by the respondent No. 2 Firm.
(3.) According to Annexure P-2 of criminal petition No. 38 of 2021 which is a copy of the order sheet reflecting the order dtd. 5/2/2020 passed by the learned Judicial Magistrate First Class, Shillong, it is seen that the learned Magistrate had perused the statement of the complainant/respondent No. 1 which was filed by way of an affidavit, whereupon the learned JMFC has taken cognizance of the case and had issued process to the said accused persons, including the petitioner herein.