ORDER: These revisions have been filed by the accused in C.C. Nos.542 and 544 of 1999 on the file of XVIII Metropolitan Magistrate, Saidapet, against the orders in the respective cases declining to discharge them of an offence under Sec. 138 of the Negotiable Instruments Act, passed in Crl.M.P.Nos.889 and 888 of 1999.

2. Heard Thiru C. Rajagopalan for the petitioner. Though notice had been served on the respondent/ complainant, there is no representation on their behalf. However, in view of the petitioner being ready, I consider it necessary to hear him and it is only when this Court feels that the order is likely to be reversed, it is necessary to hear the respondent. In view of the above, I heard the learned counsel Mr.C. Rajagopalan.

3. The prosecution case in brief is that the complainant Arjun Amravathi Chit Funds (P) Ltd., Chennai-4 represented by its Managing Director, Mr.K. Radhakrishnan, had filed a complaint against the petitioners stating that A-1 is the partner of M/s. Sathyapriya Metals and A-2 is the firm M/s. Sathyapriya Metals represented by its partner A-1, were the customer to their clients and was the successful bidder to the auction amount. According to the terms

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