FIRE NAVEEN PROJECT LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY the aforesaid miscellaneous petitions under Sec. 482 Crpc, the petitioners seek quashing of the criminal proceedings pending in the Court of the Judicial Magistrate, Rawatsar (for short, "the Trial court" hereinafter) in Criminal Cases No. 184 of 2003, 173 of 2003, 170 of 2003, 171 of 2003 and 172 of 2003. Since the criminal miscellaneous petitions involve identical question of law and facts, they are being decided by this common Order taking S. B. Criminal Misc. Petition No. 1092 of 2004 as a leading case.

(2.) THE facts all the case, in a succinct, are that on 11. 2. 2002, non-petitioner No. 2 filed a complaint under Sec. 138 of the Negotiable instruments Act, 1881 (for short, "the Act" hereinafter) alleging therein that the cheque issued by the petitioners in favour of non-petitioner no. 2 has been bounced. On this, the complainant issued a notice dated 25. 1. 2002 to the petitioners but despite notice, no payment had been made. The Trial Court, vide order dated 12. 2. 2002, took cognizance of the offence under Sec. 138 of the Act against the petitioners. Aggrieved by the impugned order taking cognizance of the offence, the petitioners have filed the aforesaid criminal miscellaneous petitions.

(3.) I have heard learned counsel for the parties and perused the orders impugned.