SANDIP GUHA Vs. SAKTIPADA GHOSH

JUDGEMENT

(1.) CRR No. 1766 of 1998, CRR No. 1767 of 1998, crr No. 2110 of 1998 and CRR No. 2111 of 1998 are being disposed of by this common judgment and order since parties are the same and one common question of law is involved in all these four proceedings.

(2.) IN all the revisional applications the accused is the petitioner who in cr Case No. 774 of 1997 (CRR No. 1766 of 1998) issued a cheque in favour of the opposite party i. e. Doluibazar Agricultural Credit Society Ltd. being represented by its Secretary Saktipada Ghosh for Rs. 3 lac on 07. 11. 1997 towards discharge of debt. He further issued a cheque for Rs. 2,50,000/- on 10. 11. 1997 in favour of the said opposite party towards repayment of loan in connection with it burdwan (CR No. 773 of 1997) pending in the 3rd Court, Burdwan out of which the CRR No. 1767 of 1998 has arisen. Similarly in CR No. 775 of 1997 out of which the CRR No. 2110 of 1998 has arisen the petitioner issued a cheque in favour of the opposite party for Rs. 1 lac on 08. 11. 1997 towards repayment of loan. In connection with CR No. 772 of 1997 pending in the court of the Judicial Magistrate, 2nd Court, Burdwan out of which the CRR no. 2111 of 1998 has arisen the petitioner issued a cheque on 11. 11. 1997 in favour of the opposite party for Rs. 3 lac towards repayment of the loan. All the cheques were bounced because of insufficiency of fund in the account of the petitioner. Then followed statutory notice under section 138 (b) of the n. I. Act. Repayments were not made in respect of the bounced cheques and consequently four separate petition of complaints were lodged.

(3.) IN all the four cases statutory notice was served on 01. 12. 1997 and all the four complaints were filed on 15. 12. 1997.