L. JAYANANDA SINGH Vs. STATE OF ASSAM

JUDGEMENT

(1.) The petitioner has instituted these four criminal petitions under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS] seeking setting aside and quashing of criminal proceedings of four complaint cases, viz., [i] N.I. Case no. 6098/2023, [ii] N.I. Case no. 6100/2023, [iii] N.I. Case no. 6106/2023 and [iv] N.I. Case no. 6101/2023 which are presently pending before the Court of learned Judicial Magistrate, First Class [JMFC], Kamrup [M] at Guwahati ['the Trial Court', for short]. The afore-mentioned complaint cases have been filed by the respondent no. 2, a partnership firm, as the complainant alleging commission of the offence under Sec. 138 of the Negotiable Instruments Act, 1881, as amended. For the purpose of appreciation of the common issues raised in these four criminal petitions, the criminal petition, Criminal Petition no. 915/2024 is taken as the lead case and the facts narrated therein are taken into consideration only as other than the cheques involved therein there are no significant distinctions and differences in the facts involved.

(2.) In the complaint filed in N.I. Case no. 6098/2023, the respondent no. 2complainant has arraigned M/s L.I. Steel, a proprietorship firm, as accused no. 1 and the petitioner herein as accused no.2. In the other complaint cases also, M/s L.I. Steel and the petitioner have been arraigned as accused. In all the complaint, the accused no.2 is shown as the proprietor of the accused no. 1 proprietorship firm, M/s L.I. Steel.

(3.) In the complaint of N.I. Case no. 6098/2023, it has been asserted that the complainant is a partnership firm registered under the Indian Partnership Act having its principal place of business at Guwahati, Assam and it deals in sale and purchase of cement. The complainant for the purpose of the proceedings is represented by its authorized representative.