( 1 ) "whether in cases wherein the allegations made in the complaint filed by a drawee of the cheque against the drawer under Sec. 138 of the Negotiable Instruments Act, 1881, also further discloses the material ingredients which prima facie do constitute an offence punishable under Sec. 420 of Indian Penal Code, should the Court to which such a complaint is presented for taking the cognizance of offence, confine itself merely to issue process under Sec. 138 of the Act (?) or secondly whether under such circumstances it is equally the duty of the Court also to see that alongwith the process to be issued for the alleged offence under Sec. 138 of the Act it also issues process under Sec. 420 of the Code against the accused ?"

( 2 ) THE respondent No. 1 Dipak Chimanlal Patel-Jigar Engineering Industries, g. I. D. C. Vatva, Ahmedabad, filed a complaint before the learned Metropolitan magistrate Court No. 7, Ahmedabad, against the petitioners-Dipendra G. Choksi and Ashaben G. Choksi-partners, Director and Managing Director respectively of sunchem Enterprise, situated at Plot No. 41, G. I. D. C. , Vatva, Ahmedabad, for the alleged offence punishable under Sec. 138 of the