All these three petitions under Section 482 of the Code of Criminal Procedure, 1973 filed by the petitioners Mr. Manish Parwani & Mr. Shekhar Narasimhan for quashing of three criminal complaint cases under Section 138 of the Negotiable Instruments Act, 1881 bearing complaint case Nos.1439/1/08; 649/1/2009 & 573/2009 pending against them before Mr. Sandeep Yadav, Senior Civil Judge cum Rent Controller, District South, Patiala House Courts, New Delhi are proposed to be decided by this common judgment because the legal issue that arises for consideration in all these petitions is common.

2. The facts of the case giving rise to these petitions briefly stated are as follows:-

Respondent No. 2 M/s Appreciate Fincap Private Limited (hereinafter to be referred as the complainant company) had filed three complaints under Section 138 read with Section 142 of the Negotiable Instruments Act, 1881 against the petitioners Mr. Manish Parwani & Mr. Shekhar Narasimhan, accused No. 1 company M/s HKK Buildwell Private Limited and its two other Directors namely Sanjay Gambhir and Reena Gambhir arrayed as accused Nos. 2 & 3 in the complaints. The case of the complainant company is that two per