1. As the issues raised in all the captioned applications are interconnected and the parties are also the same, those were heard analogously and are being disposed of by this common judgment and order.

2. For the sake of convenience, the Special Criminal Application No.3653 of 2012 is treated as the lead matter.

3. By this writ application under Article 226 of the Constitution of India, the writ applicants-original accused Nos.2 to 4, have prayed for the following reliefs;

“(A) To quash the process, complaint and proceedings of Criminal Case No.1241 of 2008 pending in the Court of the learned Metropolitan Magistrate (N.I. Court No.8) Ahmedabad after setting aside the order dated 21.07.2011 passed on Exh.30 of Criminal Case No.1241 of 2008 by the learned Metropolitan Magistrate (N.I. Court No.8) Ahmedabad which is confirmed by the City Sessions Court by the order dated 17.02.2012 passed in Criminal Revision Application No.447 of 2011;

(B) To stay the further proceedings of Criminal Case No.1241 of 2008 pending in the Court of the learned Metropolitan Magistrate (N.I. Court No.8) Ahmedabad till the final disposal of this petition;

(C) To grant any further relief that may be deemed fit in the facts and circumstances of the matter.”

4. The case of the writ applicants, in their own words, as pleaded in their writ applications, is as under;

“(1) The respondent No.1(the complainant for short) has filed below described five private complaints in the Court of the learned Metropolitan Magistrate, Ahmedabad which are pending as on date in N.I. Court No.8, for the offence punishable under section 138 read with Section 141 of the Negotiable Instruments Act, 1881 (the act for short). The particulars of the said five complaints are as under;

Sr. No.	C.C. No. (New)	Cheque No.	Amount	Date of cheque
1	1239/08	122305	18,00,000	19.10.96
2	1242/08	122304	22,00,000	19.10.96
3	1240/08	122261	18,00,000	17.10.96
4	1241/08	122262	22,00,000	17.10.96
5	1243/08	122203	28,43,786	19.10.96
		Total=	1.08.43,786

The above mentioned five complaints were initially numbered as Criminal Case No.104 to 108 of 1997 respectively.

2. The petitioners have filed this petition for quashing of the complaint of Criminal Case No.1241 of 2008. Annexed herewith and marked as ANNEXURE-A is a copy of the said complaint.

3. After issuing all the five cheques mentioned in paragraph No.1 above, the petitioners have paid on 30.10.1996 Rs.12,40,000/- by two cheques to the complainant and hence from before and on 10.01.1997, when the above said complaints were filed, the petitioners owed to the complainants Rs.96,03,766/- and not Rs.1,08,43,706/- for which he filed the above said complaints which are registered as the above described five criminal cases.

4. Apart from the complainant there were and are 7 other creditors of the petitioners. Particulars of the said 8 creditors in all including the complainant are as under;

Name of creditors	Amount settled under MOU
1. Zaveri & Co. Exports	1,49,48,720/-
2. M/s. M.D. Textile Industries Ltd. (Complainant)	96.03,276/-
3. M/s. Modern Impex	92,54,277/-
4 M/s. Mahavir Bullion (Bhavnagar)	83,32,550/-
5 Deep Exports	29,18,700/-
6 M/s. H. Kumar Jems Pvt. Ltd.	26,45,458/-
7 M/s. Maneklal Soni (Dahod)	39,08,750/-
8. Girishkumar Lalchand Shroff	42,24,000/-
Total=	5,58,35,731/-

All the above 8 creditors are herein after referred to as the “Syndicate”

5. Thereafter on 07.12.1996, said syndicate of the creditors, including the complainant, entered into and executed an agreement titled as Memorandum of Understanding (MOU for short) with the petitioners and one Bhanumatiben Bhailalbhai Dahyabhai, the mother of the petitioners Nos.2 to 4. Annexed herewith and marked as and marked as ANNEXURE-B i