1. The petitioners have challenged two summoning orders dated 19th October, 2010 (in Crl.M.C. 1829/2012) and dated 22nd December, 2010 (in Crl.M.C. 3360/2012) passed by learned Metropolitan Magistrate in a complaints under Section 138 of the Negotiable Instruments Act instituted by the respondent.

2. The brief relevant facts relating to this case are as under:-

(i) The Petitioner Company availed loan of Rs.1248 lacs from the respondent for setting up a 3.75 MW Wind Farm Project on the terms and conditions contained in loan agreement dated 20th July, 2005.

(ii) The Petitioners issued three cheques bearing no. 341538 dated 30th June, 2010 of Rs. 52 lacs (in Crl.M.C. 1829/2012) and cheque bearing Nos.341547 dated 30th June, 2011 of Rs.3,11,145/- and 341548 dated 30th June, 2011 of Rs. 52 lacs (in Crl.M.C. 3660/2012) drawn on Karur Vysya Bank, Burra Bazar, Kolkata to the respondent towards the repayment of the aforesaid loan and dues under the aforesaid loan agreement.

(iii) The complainant deposited the above mentioned cheques in HDFC Bank, Delhi. However, all the cheques were dishonoured due to ‘insufficient funds’ whereupon the complainant issued notices dated 20th Augus