Nisha Gupta, J. - (1.) These three Misc. Petitions under Section 482 has been filed against the order passed by trial court whereby cognizance has been taken against the present petitioner for the offence under Section 138 of the Negotiable Instruments Act (for short NI Act). As in these three cases, the controversy is identical and filed by the same petitioner, they are decided by this common order. The facts are taken from SB Cr. Misc. Pet. No. 2716/2009.
(2.) The contention of the present petitioner is that cognizance has been taken against the present petitioner vide order dated 13.6.2006 and before taking cognizance the court below has not taken into consideration the material on record and in mechanical manner, the cognizance has been taken. The dispute between the parties was with regard to performance of the agreement and cognizance has been taken in cyclostyle orders in which even blanks have been filled in very casual manner, no loan has been advanced to him and dates have also been mentioned wrongly which shows the mechanical approach of the court below, hence the order of cognizance be quashed. Per contra, the contention of the respondent is that facts are not in dispute that cheque was issued to the complainant which was dishonoured and after due notice, payment has not been made. All these facts were before the court below hence the cognizance has rightly been taken.
(3.) Heard the learned counsel for the petitioner learned Public Prosecutor and counsel for the respondent and perused the impugned order.;