Rule taken up for final hearing with the consent of the parties.

Heard Mr. Kothari, learned Advocate holding for Mr. A.M. Ghare, counsel for applicants. Mr. Paliwal, learned counsel for respondent No.1 and Mr. Thakre, learned Additional Public Prosecutor for respondent No. 7 in both the applications.

2. These two applications involve common questions of law and facts and, therefore, are being disposed of by this common Judgment.

3. These applications have been filed for quashing and setting aside the Order, dated 17th August, 1998, passed by learned Additional Sessions Judge in Criminal Revision Nos. 105 of 1977 and 106 of 1997, whereby he set aside the Order passed by the Judicial Magistrate, First Class directing issuance of process against the respondent No. 1 in Criminal Case No. 13043 of 1994 for the offences punishable under Section 138 of the N.I. Act and under Sections 406 and 420 of the IPC.

4. Mr. Kothari, learned Advocate contended that the applicants have filed proceedings for recovery of certain amount from respondents 2 and 3 in person and also respondents 4 and 6. Firms and respondent No. 5 Company, of which respondents 1 to 3 are partners or Directors respectively.