The presentation of cheques at the bank on which they are drawn is essential to hold the drawer criminally liable under Section 138 of the Negotiable Instruments Act.

Inasmuch as common questions of fact and law are involved and as the parties well neigh are the same, these three criminal petitions can be disposed of together.

2. Three complaints were filed against the Chairman, Vice-Chairman and some of the Directors of the Jawahar Co-operative Urban Bank Limited under Section 138 of the Negotiable Instruments Act by M/s. Ramanjaneya Enterprises in C.C. No. 74 of 2002, M/s. Sri Venkateswara Finance in C.C. No. 75 of 2002, and Mrs. K. Rukmini in C.C. No. 76 of 2002, on the file of the XV Metropolitan Magistrate, Hyderabad.

3. Several gullible villagers invested their hard earned monies under various fixed deposit receipts with the jawahar Co-Operative Urban Bank Limited, Dilsukhnagar, Rangareddy district, the accused. All of them instructed the Bank to remit the accrued monthly interest to M/s. Ramanjaneya Enterprises, the complainant in C.C. No. 74 of 2002. In discharge of that liability, it is said that the accused-Bank issued four banker cheques each for Rs.50,606/- dated 5-1-2001, 5-2-2001, 5-3-2001 and 5-4-2001. The Managing Partner of the complainant presented three out of four banker cheques with his banker, State Bank of India, Bazarghat Branch, Hyderabad on 5-4-2001. They were returned with the endorsement "present again on 9-4-2001". The Manager of the accused-Bank also wrote a letter to the complainant requesting him inter alia to present the cheques later on 9-4-2001. The complainant presented all the four banker cheques on 7-5-2001 in State Bank of India, Bazarghat Branch, Hyderabad again. However, all the four cheques were returned with the endorsement "not clearing member". He, therefore, got a legal notice dated 11-5-2001 issued to the Chairman, Vice-Chairman and Directors of the accused-Bank Demanding payment of the amounts covered by those cheques to the tune of Rs. 2,02,424/- within 15 days from the date of receipt of the said notices. All of them, having received the said notices under various acknowledgments, even after lapse of 15 days therefrom, failed to pay the amounts covered by the four banker cheques. They did not even give any reply to the legal notices got issued by the complainant.

4. The Managing Director of M/s. Sri Venkateswara Finance, the complainant in C.C. No. 75 of 2002, invested an amount of Rs. 5,00,000/- under a fixed deposit receipt dated 23-6-2000 with the Jawahar Co-operative Urban Bank Limited and the amount carries an interest at the rate of 18% per annum. Towards the payment of the interest accrued thereon the accused-Bank issued a banker cheque bearing No. 006255, dated 5-4-2001. When the complainant presented the said cheque with the State bank of India, Bazarghat Branch, Hyderabad on 7-5-2001, the Bank returned it with the endorsement to the effect "not a clearing member". Therefore, a legal notice dated 11-5-2001 was got issued by the complainant to all the accused-bank demanding them to repay the amount of Rs. 7,500/- covered by the banker cheque within 15 days from the date of receipt of the said notice. having received the notices under various acknowledgement, all of them failed to pay the amount nor did they get any reply issued to the legal notices issued by the complainant.

5. One Mrs. K. Rukmini, wife of the Managing Partner of M/s. Sri Venkateswara Finance obtained seven banker cheques for a total sum of Rs. 2,80,000/- at the rate of Rs. 40,000/- each from the accused -Bank in her name for the purpose of furnishing them as security in a business deal with a third party. But, the purpose was not served and as there was no occasion to utilize the said cheques, she approached the accused-Bank and requested them to cancel the said cheques and pay back her amount. After having postponed the payment for sometime, finally the Bank asked her to present the banker cheques in her account. Accordingly, the complainant presented the said seven cheques in her bank account with State Bank of India, Bazarghat Branch, Hyderabad. the