KEJRIWAL SUGAR AGENCIES PVT. LTD Vs. GOPIRAM CHETRIRAM

JUDGEMENT

(1.) These four petitions, being Criminal Petition No. 763/2019 and Criminal Petition No. 768/2019, under Sec. 482 of the Cr.P.C, are preferred by the petitioners namely (1) Kezriwal Sugar Agencies Pvt. Ltd., (2) Shri Surya Prakash Agarwal, and Criminal Petition No. 757/2019 and 762/2019 are filed by Smti. Sangeeta kezriwal for setting aside and quashing the impugned order, dtd. 18/1/2019, passed by the learned Chief Judicial Magistrate, Tinsukia, and further proceedings of the NI Case No. 11/2019 & NI Case No. 12/2019, pending before the Court of learned Chief Judicial Magistrate, Tinsukia. It is to be mentioned here that vide the impugned order, dtd. 18/1/2019, the learned Court below had taken cognizance of the offence under Sec. 138 of the Negotiable Instrument Act, 1881, and issued summons against the petitioners.

(2.) It is submitted at the Bar that all the petitions may be disposed of together by a common judgment and order as the same arisen out of a common order involving the same sets of parties and a common question of law; and accordingly, it is decided to dispose of all the petitions by this common judgment and order.

(3.) The factual background leading to filing of the present petitions is adumbrated herein below: