( 1 ) IN all the three Miscellaneous Criminal Applications identical questions of law and fact are involved and the parties are same and therefore they are disposed of by common judgment.

( 2 ) MISCELLANEOUS Criminal Application No. 158 of 1985 arises out of the order in Criminal Case No. 1612 of 1984 Miscellaneous Criminal Application No. 159 of 1985 arises out of the order in Criminal Case No. 1613 of 1984 and Miscellaneous Criminal Application No. 160 of 1985 arises out of the order in Criminal Case No. 1614 of 1984 by the learned Metropolitan Magistrate 5 Court Ahmedabad issuing process for the offences punishable under secs. 406 and 420 Indian Penal Code against the petitioner on the complaint filed by opponent No. 2 Hitendrabhai Vadibhai Kapasi the Accountant of Parekh Decorators.

( 3 ) OPPONENT No. 2 the Accountant of Parekh Decorators filed the complaint contending that he is serving as Accountant in Parekh Decorators and has no personal knowledge about the allegations in the complaint but has information about the accounts etc. of Parekh Decorators as he is serving there as Accountant and therefore at the instance and under the instructions of the partner