OM PRAKASH AGARWAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Since similar point is involved in all the ten revisional applications, those are taken up analogously for disposal.

(2.) The petitioner has challenged an order dated 28.1.2004 passed by the learned Chief Judicial Magistrate, Alipore, South 24-Parganas in Case No. C- 2610/2000 under section 138 of Negotiable Instruments Act, 1881 thereby allowing the application of the complainant/ opposite party and adding the present petitioner and one Mannalal Chamaria as accused persons in the case.

(3.) For deciding the present applications, it is not necessary to discuss about the factual background of each case. The present proceeding was initiated on the basis of a complaint lodged by one Rupali Sarkar (complainant-O. P. No. 2 herein) alleging that three cheques totalling an amount of Rs. 12,49,000/- were issued by the accused Raj Kumar Chamaria on behalf of the company namely M/s. Heritage Herbs Limited. On being dishonoured by the concerned bank, the complainant sent demand notice to the accused company as also its Chairman namely Raj Kumar Chamaria demanding payment of the cheque amount. On failure to make the payment, proceeding was initiated by the complainant alleging commission of offence under section 138 of the N.I. Act. The learned Magistrate issued process against the accused company as well as against the accused No. 2 being the Chairman of the company.