IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 2451 OF 2022 WITH CRIMINAL WRIT PETITION NO. 2461 OF 2022 Hansil Bharatkumar Saparia ...Petitioner Versus Falguni Vipul Viradia And Anr. ...Respondents WITH CRIMINAL WRIT PETITION NO. 2464 OF 2022 WITH CRIMINAL WRIT PETITION NO. 2465 OF 2022 Hansil Bharatkumar Saparia ...Petitioner Versus Vipul Kanjibhai Viradia And Anr. ...Respondents WITH CRIMINAL WRIT PETITION NO. 2463 OF 2022 Hansil Bharatkumar Saparia ...Petitioner Versus Falguni Vipul Viradia And Anr. ...Respondents WITH CRIMINAL WRIT PETITION NO. 2453 OF 2022 Hansil Bharatkumar Saparia ...Petitioner Versus Vipul Kanjibhai Viradia And Anr. ...Respondents WITH CRIMINAL WRIT PETITION NO. 2454 OF 2022 Hansil Bharatkumar Saparia ...Petitioner Versus Falguni Vipul Viradia And Anr. ...Respondents ….

Mr. Durgesh Jaiswal a/w Mr. Ashish Verma i/by Mr. Dhanraj Lodha Digitally signed by SUNNY SUNNY ANKUSHRAO ANKUSHRAO THOTE Advocate for the Petitioners in all Writ Petitions.

THOTE Date:

2024.01.31

14:20:53 +0530 Mr. Vivek Walvalkar a/w Mr. Amit Shroff i/by Harish Shroff & Co., Advocate for Respondent No.1 in all Writ Petitions.

Mr. Arfan Sait, APP for the Respondent – State.

CORAM : PRAKASH D. NAIK, J. DATE : 23^rd JANUARY, 2024.

P.C.:

1. The Petitioner in all these Petitions challenges the Order issuing process dated 15^th April, 2019 passed by learned 12^th Jt. Civil Judge Senior Division and Additional Chief Judicial Magistrate for an offence under Section 138 r/w 142 of the Negotiable Instrument Act (for short ‘N.I. Act’) and the Order dated 24^th November, 2021 passed by Sessions Court dismissing the revision applications preferred by the Petitioner challenging the Order of process.

2. The Petitions relates to complaints filed by the Respondent No.1 for offence under Section 138 of N.I. Act.

3. The complaints which are subject matter of challenge in all these Petitions are C.C. No.14582/2019; C.C. No.14580/2019; C.C. No.14584/2019; C.C. No.14581/2019; C.C. No.14585/2019;

C.C. No.14583/2019 and C.C. No.14586/2019. 4. The complainant’s case is as follows :-

The Accused are in the business of construction of buildings. The Accused informed that he has started a project at village Baner, Pune. The complainant and her family members wanted to purchase flats. There was meeting between them. The complainant and family members visited site. The complainant agreed to purchase the flat at Baner project for Rs.70,00,000/-. The Accused agreed to hand over the possession of the flat within stipulated time. 50% of the earnest amount of Rs.35,00,000/- was taken. The Accused received Rs.15,00,000/- on 1^st April, 2013, Rs.2,75,000/- on 24^th July, 2013 by Cheque No.000021 and 000022. The Accused also received Rs.17,25,000/- in cash from complainant. The Accused did not handover possession of flat. The Accused issued cheque bearing no.169651 for Rs.10,00,000/-. The cheque was deposited by the complainant with her banker. It was dishonoured on 22^nd October, 2018 due to ‘Insufficient Funds’. The complainant issued notice dated 19^th November, 2018 demanding cheque amount. The Accused informed the complainant to redeposit the cheque. The cheque was again deposited. It was dishonoured with remarks ‘NON CTS’ on 10^th January, 2019. Complaint was filed viz. C.C. No.14582 of 2019. The Accused issued another cheque dated 20^th October, 2018 bearing no.169655. It was dishonoured with remarks ‘Drawers signature differs’ on 22^nd October, 2018. Notice was sent on 19^th November, 2018. Cheque was redeposited. It returned on 10^th January, 2019 with remarks ‘NON CTS’. Complaint was filed viz. C.C. No.14580 of 2019. Cheque dated 20^th October, 2018 for Rs.5,00,000/- bearing no.169618 was dishonoured on 22^nd October, 2018 with remarks ‘Funds Insufficient’. Notice was sent. Cheque was redeposited. It was dishonoured on 10^th January, 2019 with remarks ‘NON CTS’. Notice was sent. Complaint bearing C.C. No.14584 of 2019 was filed. Chequ