ORDER

30.12.2024 ORAL:

1. The issues involved in the instant petitions are akin and analogous to each other, as such, the petitions have been clubbed together for consideration and consequently are taken up for disposal at this stage with the consent of the appearing counsel for the parties and are, accordingly, disposed of hereunder.

Facts

2. The complainant respondent herein is stated to have instituted multiple complaints before the trial court under section 138 of the Negotiable Instruments Act, 1881 (for short “the Act”) against the accused petitioner herein qua bouncing of cheques bearing No. 1819192 dated 25.02.2021 amounting to Rs. 9,50,000, cheque bearing No. 1819191 dated 05.03.2021 amounting to Rs. 9,00,000/-, cheque bearing No. 1819194 dated 05.01.2021 amounting to Rs. 9,00,000/-, cheque bearing No. 1819195 dated 05.02.2021 amounting to Rs. 9,00,000/- and cheque No. 1819197 dated 20.02.2021 amounting to Rs. 7,00,000/- claimed to have been issued by the petitioner herein in favour of the respondent herein for repayment of a loan stated to have been advanced by the respondent herein to the petitioner herein The respondent herein in the said complaints, had alleged that the cheque(s) were presented before the bank being Citizen Cooperative Bank Limited Branch Jammu, however, same came to be returned back to the complainant respondent herein unpaid vide Memo dated 07.04.2021 with the remarks “accounts closed”, whereupon the complainant respondent herein is stated to have served a demand notice upon the accused petitioner herein on 22.05.2021 sent through registered post on 24.05.2021 and after expiry of period of 15 days stipulated therein in the said demand notice by the complainant respondent herein to pay the amount covered under the cheque(s) to him, the accused petitioner failed, whereupon the complainant respondent herein filed the complaints on

27.08.2021.

The said complaint upon being entertained by the trial court, were proceeded with after recording the preliminary statement of the complainant respondent herein and one of his witnesses and upon being satisfied thereof, cognizance of the offence alleged to have been committed by the accused petitioner herein came to be taken and consequently the accused petitioner herein came to be summoned in terms of impugned order dated 27.08.2021 passed by the trial court.

3. The petitioner herein has challenged the impugned complaints, proceedings initiated thereon as also impugned order dated 27.08.2021 in the instant petition(s) on the following grounds:

(i) That the order impugned dated 27.08.2021 passed by the learned Judicial Magistrate Akhnoor under Section 138 Negotiable Instrument Act is misuse of process of law, therefore, the same is liable to be quashed.

(ii) That the cheque in question bearing No. 1819192 dated

25.02.2021 was allegedly issued by the petitioner which was presented by the respondent to his Bank and the Bank vide memo dated 07.04.2021 had returned the cheque unpaid with the endorsement that the 'account closed', therefore, it is apparent from the memo that the respondent has received memo containing the reason of non- payment as 'account closed' on 07.04.2021 because Bank of the complainant and the accused is same but the respondent had served the notice of demand on 24.05.2021 i.e., after the expiry of period of one month and the aforesaid legal notice of demand which is dated 22.05.2021 was posted on 24.05.2021, that too, after the expiry of period of one month from 07.04.2021 i.e., the day when the memo was received by the respondent, as such, the present complaint was not maintainable because as per the provisions contained under Section 138 Negotiable lnstrument Act, the respondent was under duty to serve the notice of demand within a period of one month from the date of receipt of the memo but in the instant case, memo was received on 07.04.2021 and legal notice of demand dated 22.05.2021 was posted on 24.05.2021 to the petitioner i.e., after the e