SHRIKANT Vs. PRAVEEN

JUDGEMENT

(1.) THIS order shall also govern the disposal of M. Cr. C. 901/09 and 902/09 as in all the petitions the parties are one and same and order under challenge is also one and same.

(2.) BEING aggrieved by the order dated 21-11-2008 passed by III ASJ, khargone in Cr. Rev. No. 50/2008 whereby the order dated 8-1-2008 passed by cjm, Khargone in Cr. Case No. 27/2008 whereby the cognizance was taken against the petitioners under Section 138 of the Negotiable Instruments Act (which shall be referred hereinafter as the "n. I. Act"), the present petition has been filed.

(3.) SHORT facts of the case are that respondent filed a complaint under section 138 of the NI Act against M/s Krishna Finance Co. registered partnership Firm having its office at M. G. Road, Khargone alleging that petitioners and five other persons are partners of the said firm. It was alleged that a cheque of Rs. 1 lac dated 15-6-2007 was issued by the firm which was signed by accused Kailashchand Mahajan and Dwarkadas. It was alleged that cheque was dishonoured. After return of the cheque from the bank notice was issued but in spite of that the amount was not paid, hence it was prayed that after notice to the petitioners and other partners of the said firm they be convicted.