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2017 Supreme(Kar) 789

JOHN MICHAEL CUNHA
Yash Investment Consultants – Appellant
Versus
Kartik Ravichander – Respondent


Advocates Appeared:
For the Petitioners: K. Puneeth, R. Nataraj.
For the Respondents: Shishira Amarnath, Vishwanath.

JUDGMENT :

JOHN MICHAEL CUNHA, J.

1. As the question involved in all these cases is similar, these petitions are heard and disposed of by a common order.

2. The respondent herein filed eight private complaints against the petitioners under section 138 of the Negotiable Instruments Act, 1881 (for short the N.I. Act) alleging dishonour of eight separate cheques issued by the petitioner no. 2 of the total value of Rs. 41,31,98,976/-. The XIX Addl. Chief Metropolitan Magistrate, Bengaluru City, took cognizance of the offence, recorded the sworn statement of the respondent in each case and issued summons to the petitioners returnable by 25.10.2016. However, before the scheduled date of appearance, on 20.10.2016 itself, the respondent got the case advanced and on the same day, the petitioner no. 2 appeared before the Court and a submission was made before the learned Magistrate that at the intervention of the conciliators, the parties have amicably settled the matter and both the parties filed joint memos before the Court and the learned Magistrate on 20.10.2016 passed identical order















































































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