B N MEHTA Vs. KAPOOR AGENCIES

JUDGEMENT

(1.) By this judgment, I propose to dispose of these two petitions B. N. Mehta v. Kapoor Agencies and another (Criminal Revision No. 102 of 2000) and B. N. Mehta v. M/s. Kapoor Sons and others (Criminal Revision No. 103 of 2000) as both these petitions raise common questions of law based on similar facts.

(2.) These two petitions are directed against the orders of learned Sessions Judge, Shimla dated 1/11/1999 in Criminal Revision No. 25-S-10 of 1998 impugned in Criminal Revision No. 102 of 2002 and in Criminal Revision No. 26-S-10 of 1998 impugned in Criminal Revision No. 103 of 2002.

(3.) Facts in brief. B. N. Mehta, petitioner herein, (referred to accused hereinafter) was General Manager of the Shimla Central Co-operative Consumers Store Ltd. (Super Bazar), Shimla hereinafter referred to as "Super Bazar" at the relevant time. He issued certain cheques to the respondents, hereinafter referred to as complainant (s) in his capacity as General Manager of the Super Bazar. These cheques were dishonoured for want of sufficient funds in the account. The complainant issued notice to the accused within fifteen days of the dishonour of the said cheques but without any response. In the circumstances, the complainant (s) filed complaint (s) before the learned Judicial Magistrate 1st class (Court No. 1) Shimla.