SUBHASH KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) All these petitions involve common questions of law and facts and besides the litigating parties are same, therefore, as per the convenience the same are proposed to be decided by this common order.

(2.) In S. B. Criminal Misc. Petition No. 322/97, the accused-petitioner issued a cheque in favour of complainant-non-petitioner for a sum of Rs. 7,000/- on 5-2-92 and, on presentation for encashment and clearance in his own account by the non-petitioner, the same was on account of insufficiency of fund in the account of the drawer-accused, dishonoured and returned as such.

(3.) As regards S.B. Criminal Misc. Petition No. 323/97, succinctly stated, the facts giving rise to the present petition are that the complainant, presently, non-petitioner No. 2 in this petition, filed a criminal complaint u/S. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'the Act') in the Court of Addl. Chief Judl. Magistrate, Sriganganagar alleging therein that the accused-petitioner, in discharge of debts owed to him, issued a cheque on the Vijaya Bank, Sriganganagar for a sum of Rs. 5783.35 in favour of the complainant. However, on presentation to the Bank for encashment, the same was returned by the Bank with a report that the funds in the credit of account of the drawer-petitioner were insufficient.