ANIL DAS BAIRAGI Vs. NIDHI JAIN

JUDGEMENT

(1.) These references are made by the learned Single Judge vide order dated 30.04.2019 passed in M.Cr.C.Nos.982/2019, 987/2019, 991/2019, 994/2019, 1000/2019, 1026/2019, 1028/2019 & 1031/2019 on the following common points:-

(2.) In all the above mentioned cases the points of reference are the same so this common order shall govern the disposal of all the above mentioned references.

(3.) Brief facts of the cases which are relevant for the disposal of the reference are that the complainants who claim to be the legal heirs of the deceased late Narendra Kumar Jain (Smt.Nidhi Jain wife, Nidhish Jain son and Ku.Nirushi Jain daughter) filed eight complaints in the court of JMFC Bhopal under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') against the applicant Anil Das Bairagi regarding dishonour of eight cheques given by the applicant to late Narendra Kumar Jain. On that learned Judicial Magistrate First Class took cognizance against the applicant for the offence punishable under Section 138 of the Act and registered eight criminal cases. Being aggrieved from these orders applicant filed eight petitions as mentioned above and challenged the order of cognizance and also raised the objection that the complainants cannot file such complaints as they are not the payee or holder in due course..