M/s. Arihant Finance (India) Pvt. Ltd., represented by its Manager T. Jayaram, No. 18, 21st Avenue, Ashok Nagar, Madras-600083 (respondent) lodged eight individual complaints against M/s. Essor Hotels Pvt. Ltd., represented by Director, No. 1089 Poonamallee High Road, Madras-600084 and Mrs. N. Kutty, W/o Mr. P. V. R. Kutty Menon, Director M/s. Essor Hotels, Pvt. Ltd. No. 84, Mr. Nicholes Road, Chetpat, Madras-600031, arraying them as accused 1 and 2 for an alleged offence under Section 138 of the Negotiable Instruments Act, 1881 (as amended by Act No. 66 of 1988)

2. All the eight complaints had been taken on file as C.C. Nos. 3573, 3658, 3861, 3574, 3540, 3655, 3738 and 3737 of 1995 by learned XVII Metropolitan Magistrate, Saidapet, Madras-15

3. It appears that subsequent to the taking of those complaints on file, process had been issued to accused 1 and 2 in all those cases and accused 1 and 2 entered appearance through a Counsel of their choice

4. All those cases were listed for trial on 6-9-1996, on which date, the complainants were present; but accused 1 and 2 were absent and for condoning the absence of accused 2 in Court, petitions Crl. M.P. Nos. 6247, 6426, 6245, 62