VIBHA KANKANWADI, J.

1. Since both the parties are same in both the proceedings and on similar grounds, the proceedings are challenged, both these matters are disposed of by this common judgment.

2. Both these applications have been filed invoking the inherent powers of this Court under Section 482 of the Code of Criminal Procedure, 1973, in order to quash and set aside the order of issuance of process and the proceedings filed against the applicants by respondent no. 02, before learned Judicial Magistrate (First Class), Court No. 07, Aurangabad. Criminal Application No. 2052 of 2018 challenges the order of issuance of process passed on 16.11.2017 and proceedings in Summary Criminal Case No. 7882 of 2017. Criminal Application No. 2055 of 2018 challenges the order of issuance of process passed on 02.11.2017 and proceedings in Summary Criminal Case No. 7504 of 2017. Both the proceedings are filed under Section 138 of the Negotiable Instruments Act, 1881 [For short, hereinafter referred to as "N.I. Act"].

3. Respondent no. 02 original complainant had come with a case, that it is a company registered under the Companies Act, 1956, and it is a leading company in alloy steel plant in western India, specialized in manufacturing of carbon, alloy and special steel products in round, square, flats and special profiles. Accused no. 01 is also a company registered under the Companies Act, 1956 and is engaged in business of producing wide range forging, iron and aluminum casting, machining and subassemblies products. It has been contended that accused nos.02 to 12 i.e. present applicants are directors of accused no. 01 company and they are in-charge and responsible for the conduct of the business of accused no. 01 company. Accused no. 01, through the directors accused nos. 02 to 12 had approached the complainant with a request for supply of rolled steel products on credit and as per the invoices, the product was supplied. The complainant has maintained account in its regular course of business. Huge amount is outstanding from accused no. 01. In order to discharge the legally enforceable debt or liability, accused nos.01 to 12 issued cheques drawn on Andhra Bank, Sachapir Street, Pune. In S.C.C. No. 7882 of 2017, the cheque was bearing no. 000694, dated 06.08.2017, for an amount of Rs. 25,64,677/- and in S.C.C. No. 7504 of 2017, the cheque 2was bearing no. 000693, dated 04.08.2017, for Rs. 14,93,915/-. Both the cheques were presented by the complainant in its bank i.e. Punjab National Bank, Aurangapura Branch, Aurangabad, for encashment. However, both of them were returned with remark funds insufficient. Statutory notice was issued on 20th September, 2017 and 24th August, 2017, respectively, in both the matters. Though the notice was duly served on accused nos. 01 to 12, it was not complied with and, therefore, the complaint was filed stating that all the accused persons have committed offence punishable under Section 138 read with Section 141 of the N.I. Act.

4. After taking into consideration the contents of the complaint, documents placed on record and examination of the complainant under Section 200 of the Cr.P.C. as well as after hearing the complainant, the learned Magistrate has issued process against all the accused persons on 16.11.2017 and 02.11.2017, respectively. These orders as well as entire proceedings have been challenged by these applications.

5. Heard learned Senior Advocate Shri R.N. Dhorde, instructed by learned Advocate Shri S.V. Natu, for the applicants. Heard learned Additional Public Prosecutors, Shri K.D. Munde and Shri A.A. Jagatkar, for respondent no. 01. So also, heard learned Advocate Shri R.R. Totla for respondent no. 02 original complainant.

6. It has been submitted on behalf of the applicants, that the complainant had not placed on record, all the relevant information before the learned Magistrate. In fact, a petition under the Insolvency and Bankruptcy Code, 2016 was initiated by the Corporation Bank aga