1. The applicant in all these applications has been impleaded as an accused in the complaint filed by respondent no.2 for offence punishable under Section 138 of Negotiable Instruments Act, 1881 (`N.I. Act' for short). The applicant has invoked the inherent powers of this Court under Section 482 of Code of Criminal Procedure, 1973 (`Cr. P.C.' for short) and challenged the proceedings in the said complaints filed by respondent no.2 and the order dated 7th October 2015 passed by learned Metropolitan Magistrate, 58th Court, at Bandra, Mumbai. The complaints which are subject matter of present applications, were numbered as CC No.502/SS/2002, CC No.503/SS/2002 and CC No.524/SS/2002. The facts in all the complaints are identical.

2. Brief facts, as alleged in one of the complaint, viz CC No.502/SS/2002, are as follows:

(a) The accused is the Vice Chairman and Managing Director of the company known as M/s. Harvest Financials Limited registered under the Companies Act, 1956. The accused under the scheme of investments collected various amounts from various persons in the form of loans and in consideration of collecting such amounts, has given post dated cheques either in personal capacity or in the capacity as signatory of M/s. Harvest Financials Limited;

(b) The complainant gave personal loan of Rs.1.80 lakh to the accused and in consideration, the accused gave post dated cheque dated 20th October 1997 drawn on Oman International Bank;

(c) The said cheque was deposited by the complainant with his bank which was returned with remark `account closed' vide memo dated 28th October 1997. In spite of request and reminders, the accused failed to repay the money of the complainant. The complainant issued notice to the accused demanding the said amount which was received by the accused. The accused through his advocate replied the said notice and tried to disown the liability. The complainant, therefore, filed a complaint before the Court of Metropolitan Magistrate, at Bandra, Mumbai, on 18th December 1997.

3. Learned Magistrate recorded verification statement of the complainant. In the said statement, it was stated that the accused is the Vice Chairman and Managing Director of M/s. Harvest Financials Limited. He is responsible for conduct of the business of M/s. Harvest Financials Limited. In the ordinary course of the business, the accused issued cheque, which was dishonoured. It was also stated that the accused was at the material time in-charge of and responsible for the conduct of business of M/s. Harvest Financials Limited and, thus, committed an offence under Section 138 r/w Section 142 of N.I. Act. On recording verification statement, the learned Magistrate vide order 3rd April 1998 issued process against the applicant.

4. The applicant preferred applications in all the aforesaid complaints for recall of the process on 20th November 1999. In the said applications, it was contended that the cheque was issued for M/s. Harvest Financials Limited by its authorized signatory. Therefore, the drawer of the cheque is M/s. Harvest Financials Limited. The cheque was not signed by the applicant in his individual capacity. The drawer of the cheque being M/s. Harvest Financials Limited, the notice ought to have been issued to the company. In support of the said applications, reliance was placed on the judgment of this Court in the case of Shri A. Chinnaswami Vs. M/s.Bilakchand Gyanchand Company reported in 1997 AllMR(Cri) 1309. However, during pendency of the said applications, the aforesaid decision of this Court was set aside by Hon'ble Supreme Court of India. In view of that, the said applications for recall of process were not pressed.

5. The Official Liquidator was appointed vide order 16th March 1999 of this Court in respect of the company M/s. Harvest Financials Limited. In the light of the decision of Hon'ble Supreme Court in Aneeta Hada Vs. Godfather Travels and Tours Private Limited and group of matters [(2012) 5 SCC 661], the applic