RAJEEV RANJAN PRASAD, J.:–Heard learned counsel for the petitioners and learned counsel for the respondent no. 2 as also Mr. Deepak Kumar, learned AC to GP-4 for the State in Cr.W.J.C. No. 1843/2019.

2. Since these two writ applications involve identical issues between same parties, learned counsel for the parties have requested this Court to hear and dispose of both the writ applications together.

This Court would, for sake of clarity of facts, record brief facts of the case(s) separately as under:—

Complaint Case No. 2671 (C) of 2017

3. This complaint case was filed by respondent no. 2 against the petitioners alleging therein that these petitioners of Cr.W.J.C. No. 1841/2019 had obtained a friendly cash loan of Rs. 60 lakhs in lieu of giving partnership status to the respondent no. 2 in the proprietorship firm of the petitioners and they had agreed to share 14% of the profits in the business after deduction of taxes. At the same time, it is also claimed that the accused persons-petitioners agreed to repay on demand the amount. According to the complainant, in order to secure his interest the accused persons issued some post-dated cheques bearing nos. 580148 dated 02.11.2015 for Rs. 2,50,000/-, 580149 dated 08.05.2017 for Rs.2,50,000/-, 580150 dated 02.05.2017 for Rs. 5,00,000/- and 763051 dated 28.03.2017 for Rs. 6,00,000/-.

The complainant alleged that the accused persons neither inducted the complainant in the partnership nor provided any part of the profit of the business. It is the case of the complainant that the accused persons sent a legal notice dated 03.05.2017 (Annexure ‘2’ to the complaint petition) in which they threatened the complainant to implicate him in false cases. Sensing the trouble the complainant put all the cheques for encashment but those cheques stood dishonoured on presentation for want of sufficient fund.

In paragraph ‘7’ of the complaint petition the complainant gave instance of the cheques bearing no. 763051 dated 02.05.2017 for Rs. 6 lakhs and cheque no. 580149 dated 02.05.2017 for Rs. 2,50,000/- which he had put for encashment and stood dishonoured on presentation for want of sufficient fund. The complainant alleges that he sent a legal notice dated 19.05.2017 (Annexure ‘5’ to the complaint petition) calling upon the accused persons to pay the amount in question under the cheques but the accused persons sent a reply dated 02.06.2017 wherein they denied their liability to pay the amount.

Complaint no. 2672 (C) of 2017 (in Cr.W.J.C. No. 1843 of 2019)

4. In this complaint, the complainant-respondent no. 2 claims that the accused no. 2 of Cr.W.J.C. No. 1843/2019 was in friendly relationship with him and upon request of accused no. 1 to accused no. 2 the complainant had forwarded a loan of Rs.44 lakhs only for revival of the business of the accused persons. It is his case that the said loan was given to the accused persons by the complainant by way of unsecured loan for a period of three (3) years i.e. the maximum allowed limit for a loan forwarded from NRE account. The complainant claims that the loan was provided at an interest of 12% per annum and the accused persons had agreed to repay on demand the said amount. In order to secure the interest of the complainant, it is stated that the accused persons issued some post dated cheques bearing nos. 613976, 613979, 613980, 613981, 613982, 613983, 613984 and 613985 all amounting to Rs. 45,00,000/-.

It is the further case of the complainant that when the complainant demanded his money back from the accused persons, the accused persons kept on assuring the complainant and told him to allow him some time to return the money but the money was not returned to the complainant. Again in this complaint, the complainant refers the legal notice dated 03.05.2017 (Annexure ‘2’) said to have been received from the accused persons, his reply dated 15.05.2017 (Annexure ‘3’ to the complaint). The complainant has further alleged that when he presented those cheques for payment,