M.R. Shah, J. - (1.)As common question of law and facts arise and are between the same parties, all these applications are disposed of by this common judgment and order.
(2.)Criminal Miscellaneous Application No.9644/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.82/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").
2.1 Criminal Miscellaneous Application No.9645/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.83/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.2 Criminal Miscellaneous Application No.9646/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.84/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.3 Criminal Miscellaneous Application No.9647/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.85/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.4 Criminal Miscellaneous Application No.9648/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.86/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.5 Criminal Miscellaneous Application No.9649/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.238/2001 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.6 Criminal Miscellaneous Application No.9650/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.239/2001 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.7 Criminal Miscellaneous Application No.9651/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.240/2001 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.8 Criminal Miscellaneous Application No.9652/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.241/2001 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.9 Criminal Miscellaneous Application No.9653/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.242/2001 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.10 Criminal Miscellaneous Application No.9654/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.290/2001 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.11 Criminal Miscellaneous Application No.9655/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.291/2001 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.12 Criminal Miscellaneous Application No.9656/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.607/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.13 Criminal Miscellaneous Application No.9657/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.608/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.14 Criminal Miscellaneous Application No.9658/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.866/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.15 Criminal Miscellaneous Application No.9659/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.867/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.16 Criminal Miscellaneous Application No.9660/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.868/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.17 Criminal Miscellaneous Application No.9661/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.982/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.18 Criminal Miscellaneous Application No.9662/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.983/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.19 Criminal Miscellaneous Application No.9663/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.984/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

2.20 Criminal Miscellaneous Application No.9664/2003 has been preferred by the applicants - original accused Nos.4 and 5 to quash and set aside the impugned complaint being Criminal Case No.1064/2002 pending in the Court of learned Judicial Magistrate First Class, Dakor which has been filed by respondent No.1 herein - original complainant for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "N.I. Act").

(3.)The aforesaid complaints/criminal cases have been instituted/filed by respondent No.1 herein - original complainant in the Court of learned JMFC, Dakor against one M/s. Cureaim Pharmaceuticals and others inclusive of the applicants for the offence punishable under Sec. 138 of the Neotiable Instruments Act for dishonour of respective cheques in question which were admittedly signed by original accused No.3 - Sunilbhai Rambhai Patel. It was the case on behalf of the original complainant that on settlement of accounts between partners with respect to the partnership firm M/s. Cureaim Pharmaceuticals, accounts came to be settled and an amount of Rs. 49,75,000/was due and payable to the original complainant for which a Memorandum of Understanding was entered into between the partners which was signed by the complainant and the original accused Nos.3, 4 & 5 and under the said MOU, original accused No.3 accepted the liability to pay the said amount to the original complainant and he agreed to pay Rs. 35,50,000/to the original complainant, on behalf of the partnership firm and for which said Sunilbhai Patel - original accused No.3 gave the aforesaid cheques in question to the original complainant which came to be dishonored. It was further alleged in the said complaints that despite the statutory notices under Sec. 138 of the Neotiable Instruments Act, the amount under the cheques which came to be dishonored were not paid and therefore, respondent No.1 herein - original complainant filed the aforesaid complaints/criminal cases against the applicants - original accused Nos.4 and 5. That the learned Magistrate issued the summonses against the applicants also for offence punishable under section 138 of the Neotiable Instruments Act and therefore, the applicants - original accused Nos.4 and 5 have preferred the present Criminal Miscellaneous Applications under Sec. 482 of the Code of Criminal Procedure, 1973 to quash and set aside the impugned complaints/criminal cases qua them.