KISHORE KUMAR AGARWAL Vs. PARADEEP PHOSPHATES PVT. LTD

JUDGEMENT

(1.) AS the parties in both the criminal misc. cases are same and the causes of action are same, they are taken up together for disposal by this common judgment.

(2.) THE petitioner has filed Criminal Misc. Case No. 2223 of 2009 for quashing the criminal proceeding vide 1.C.C. No. 2631 of 2005 under Section 138 of the N.I. Act read with Section 420, I.P.C. involving cheque No. 735774, dated 19.5.2005. Similarly the petitioner has also filed Criminal Misc. Case No. 2224 of 2009 for quashing the criminal proceeding vide 1.C.C. No. 2632 of 2005, under Section 138 of the N.I. Act read with Section 420, I.P.C. involving cheque No. 735775, dated 26.5.2005. Both the criminal proceedings are pending before the learned J.M.F.C., Bhubaneswar.

(3.) AT this stage, the petitioner has moved this Court for quashing of the criminal proceedings mainly on two grounds.