JOGINDER SINGH CHOUDHARY Vs. CAPITAL AUTO SERVICE, BHOPAL

JUDGEMENT

(1.) THIS order shall govern disposal of Misc. Criminal Case Nos. 1596/2003 and 1597/2003 also. All these three petitions have been filed by the applicant invoking extraordinary jurisdiction of this Court under section 482 of Criminal Procedure Code (hereinafter referred to as the 'Code'). Since the common question of law and facts are involved in these cases, they are being decided analogously.

(2.) THE facts leading to filing of these cases succinctly narrated are thus :- A complaint under section 138 of the Negotiable Instruments Act (hereinafter referred to as the 'Act') has been filed by the non-applicant against the applicant and Jagmohan Choudhary, on the allegations that there was business dealing between the non-applicant/complainant and applicant regarding transaction of 'Servo' oil. During business transaction three cheques bearing Nos. 966696, dated 16-112000 for Rs. One Lac, 052934, dated 23-11-2000 for Rs. 1,50,000.00 and 656552, dated 21-11-2000, for Rs 10,000,00.00 were issued by the accused persons in favour of non- applicants/complainants. When these cheques were presented to the bank for payment, they were dishonoured. The non-applicants then gave a notice for payment of amount of cheques but the same was not paid. Therefore, three complaints under section 138 of the Act were filed against accused persons which were registered as R. T. Nos. 3990/2002, 4525/2002 and 4524/2002.

(3.) AFTER hearing both the parties, the learned trial Magistrate dismissed the applications filed in all the three complaints.