SUDHIR SABHARAWAL Vs. ANIL PRABHAKAR NILGIRWAR

JUDGEMENT

(1.) These two revisions arise under similar legal and factual context and are between the same parties. Hence, they are disposed of through a common order.

(2.) The 1st respondent in both these cases viz., Anil Prabhakar Nilgirwar (hereinafter referred to as 'the respondent') had submitted two separate Complaints under Section 138 of the Negotiable Instruments Act (for short 'the Act') before the XI Metropolitan Magistrate, Secunderabad. It was alleged that the petitioner herein had taken hand loan of Rs.1.50 lakhs each on two occasions and that for repayment of the same, he had issued the cheque bearing No.270102 dated 29-5-1998 for an amount of Rs.1.50 lakhs and another cheque bearing No.270101 dated 30-5-1998 for similar amount, drawn on Hong Kong and Shanghai Banking Corporation Limited, New Delhi Branch.

(3.) The cheques were presented by the respondent through her banker, for realisation. Both of them were returned on 11-6-1998 with endorsements "payment stopped by drawer". Registered notices were sent to the petitioner as contemplated under Section 138 of the Act. They were returned with endorsements "unclaimed", on 21-7-1998.