1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL WRIT PETITION NO.2765 OF 2009 Ratanlal B. Madhwani ..Petitioner. v. Smt. Sonia B. Kamra & Ors. ...Respondents. Mr.P.R.Arjunwadkar, adv. For the Petitioner. Mr.S.H.Joshi, adv. For the Respondent Nos.1 to 3. Smt. A.A.Mane, APP for the Respondent/State. CORAM : J.H. BHATIA, J. DATED : JULY 9, 2010 P.C. 1 Heard the learned counsel for the parties. 2 Respondent Nos.1 to 3 , who are the original complainants are the members of the same family and they are also related to the present petitioner. Respondent No.1 filed criminal cases nos.3341/09, Respondent No.2 filed criminal case no.3342/09 and the respondent no.3 filed criminal cases nos.3343/09 and 3344/2009. All the criminal cases were filed under Section 138 of the Negotiable Instruments Act against the petitioner. According to the petitioner long before the cheques were misused by the respondents, he had informed his banker that his cheques were lost. He has also filed complaint against the respondents wherein the learned Magistrate has directed the police to make investigation 2 under Section 156(3) of the Cr.P.C. and that investigation is pending. The learned counsel for the parties also informs that according to the petitioner cheques were forged and cheques do not bear his signatures and they are referred to the handwriting expert. 3 Taking into consideration the facts and circumstances, process issued in four complaints filed by the respondent nos. 1 to 3 can not be quashed on the basis of defence of the petitioner. However, it will be in the interest of justice that his complaint and the complaints filed against him should be heard together by the same Court. Therefore, petition stands disposed off with the following directions: i Hill Line police station shall complete the investigation of C.R.No.I85/2009 and file the report or chargesheet before the J.M.F.C., Ulhasnagar as early as possible. The above referred criminal cases pending against the petitioner and the case arising out of the complaint against the respondents shall be heard by the same learned Magistrate simultaneously. Till the report is filed by the police, further proceedings except calling of the report from the expert, in the four criminal cases shall remain stayed. (J.H. BHATIA,J.)