SANJAY SHARMA Vs. DHARAM DASS PATHANIA

JUDGEMENT

(1.) Since common question of law and fact arise for consideration in these petitions, they are taken up together for hearing and are been disposed of by a common judgment.

(2.) The petitioner appears to have been facing various complaints under Section 138 of the Negotiable Instruments Act, 1881 (herein after referred to as the 'Act' for short). The complaints have been instituted on the allegation that the respondents were business partners of M/s Rahul Health Care, Plot No. 147 and 149, EPIP-1, Jharmajri, Baddi, District Solan, H.P. and retired from the same in July, 2014. After settlement of account, the petitioner owed a sum of Rs. 32,50,000/- and in lieu thereof he issued six post dated multicity cheques.

(3.) One such cheque bearing No. 110308, dated 30.9.2014 amounting to Rs. 6,00,000/- was presented for encashment, however, the same was dishonoured and returned with the remarks "insufficient funds". Likewise, cheque bearing No. 110303, dated 30.10.2014, amounting to Rs. 6,00,000/- and cheque bearing No. 110306, dated 30.1.2015, amounting to Rs. 2,50,000/-, which were both dishonoured and returned with the identical remarks are subject matter of Cr.MMO Nos. 161 and 162 of 2016, respectively.