MUKTA GUPTA
RENAISSANCE FURNITURE PVT. LTD. – Appellant
Versus
GEMINI REALTECH PVT. LTD. – Respondent
1. Five complaints were filed by the respondents under Section 138 of the Negotiable Instruments Act, 1881 (in short ‘NI Act’) wherein the petitioner was also summoned as an accused. On the plea that the basis of all the five complaints was the same outstanding liability pursuant to a single transaction for which seven cheques were issued which bounced, the petitioner sought clubbing of the five complaints titled as Gemini Realtech Pvt. Ltd. & Anr. Vs. Renaissance Furniture Pvt. Ltd.(A-1) vide applications dated 5th February, 2016 which applications were dismissed by the learned Trial Court vide the impugned order dated 15th March, 2016. Hence the present petitions.
2. Relevant portion of the order of the learned Metropolitan Magistrate dismissing the applications is as under:-
“5. I have heard the arguments of both the sides and also gone through the record carefully. It must be noted here that the cheques in question, dates of their issuance, amounts of the cheques in question, return memos as well as dates of statutory legal notices and amounts claimed therein in these five matters are different. Ld. Counsel for the accused/applicant has argued that if all these five mat
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