JUDGMENT 1. By this common order, five petitions i.e. S.B. Criminal Miscellaneous (Petition) Nos. 6659/2017, 6660/2017, 6661/2017, 6662/2017 & 6663/2017 respectively between the same parties shall be decided together. 2. Shailendra Garg, the complainant/respondent No. 2 has instituted five complaints against the petitioners for commission of offence punishable under Section 138 of the Negotiable Instruments Act, as the cheques issued by the petitioners, on presentation had bounced. 3. This Court noticing contentions of the petitioners on 23.10.2018 had passed the following order:- "The learned counsel appearing for the petitioners contends that the complaint under Section 138 of the Negotiable Instruments Act was transferred from Karnal (Haryana) to the Court at Jaipur. Counsel further contends that on last eight dates the petitioners are continuously appearing before the trial Court but the complainant has not yet appeared before the trial Court and the case is being unnecessarily adjourned. Counsel submits that the application filed by the petitioners under Section 256 CR.P.C. has been dismissed by the trial Court without issuing a notice upon the complainant. Issue notice to the respondent/complainant, for 09.01.2019. Till then, the personal appearance of the petitioners before the trial Court shall remain exempted subject to condition that the petitioners shall file an undertaking that as and when the complainant appear before the trial Court, on the next date, they shall also continue to appear before the trial Court. Let a copy of this order be placed in the connected petitions." 4. Today, Mr. Yuvraj Samant, Advocate has caused appearance on behalf of Shailendra Garg, respondent/complainant No. 2. 5. The learned counsel appearing for complainant/respondent No. 2 has submitted, at Bar, that Shailendra Garg, complainant/ respondent No. 2 has been named as an accused in a case arising out of F.I.R. No. 422/2014 registered at Police Station Anti Corruption Bureau, Jaipur. 6. In Special Leave to Appeal (Criminal) No. 8958/2016, titled as Shailendra Garg v. State of Rajasthan , decided on 02.05.2017, the Supreme Court passed the following order:- "We have heard Mr. Brijender Chahar, learned Senior Counsel appearing for the petitioner and Mr. Shiv Mangal Sharma, learned AAG appearing for the respondent-State of Rajasthan. For the grounds stated in the Special Leave Petition, the petitioner is directed to be released on bail, subject to the following conditions:- 1. The petitioner shall furnish bail bonds in the sum of Rs. Brijender Chahar, learned Senior Counsel appearing for the petitioner and Mr. Shiv Mangal Sharma, learned AAG appearing for the respondent-State of Rajasthan. For the grounds stated in the Special Leave Petition, the petitioner is directed to be released on bail, subject to the following conditions:- 1. The petitioner shall furnish bail bonds in the sum of Rs. 25,000/- (Twenty Five Thousands Only) with two sureties each of the like amount to the satisfaction of the trial Court. 2. The petitioner, during the pendency of the investigation of FIR No. 422 of 2014, shall remain outside the State of Rajasthan. 3. The petitioner shall surrender his passport in the concerned trial Court and do not leave the country. 4. The petitioner shall not interfere in the ongoing investigation. 5. The petitioner shall make himself available as and when the Investigation Officer and the concerned court required his presence for investigation/Trial. 6. The petitioner shall produce his latest and full residential address in the concerned Trial Court while obtaining bail and shall not change his address without the prior permission of the Court. In the event of necessity of any further condition (s), depending on the attendant facts and circumstances, it would be open for the concerned trial court to prescribe the same. In case of any breach of the conditions, this Court, on being informed thereof, would, if inclined, initiate suo-motu steps for cancellation of the bail, which is hereby granted. The Special Leave Petition is disposed of in the afore-stated terms." 7. Counsel appearing for the complainant/respondent No. 2 contends that in view of the order passed by the Supreme Court, the complainant is unable to appear in the Courts at Jaipur. 8. After hearing ld. counsel appearing for the parties, the present petitions are disposed of, by issuing the following directions:- "A. That the evidence of the complainant shall be recorded by the Local Commissioner to be appointed by this Court. B. That Mr. P.S. Sharma Advocate, who is present in person before this Court, with the consent of ld. counsel appearing for the parties, is appointed as Local Commissioner. C. That Mr. P.S. Sharma, Local Commissioner, as requested by the parties shall visit Delhi and shall record the statement of the complainant on the venue to be provided by the petitioners, preferably in a room of the Hotel, expenses of which shall be borne by the petitioners. counsel appearing for the parties, is appointed as Local Commissioner. C. That Mr. P.S. Sharma, Local Commissioner, as requested by the parties shall visit Delhi and shall record the statement of the complainant on the venue to be provided by the petitioners, preferably in a room of the Hotel, expenses of which shall be borne by the petitioners. D. That in each case, Mr. P.S. Sharma, Local Commissioner shall be paid Rs. 10,000/-. The remuneration/expenses of the Local Commissioner for recording statement of the complainant shall be borne by the parties equally. E. That before recording of the statement of the complainant, the trial Court shall serve a notice of accusation upon the petitioners. F. That after the statement of the complainant is recorded, the complainant shall produce his entire remaining evidence in the trial court through Counsel. G. That the Local Commissioner shall file before the trial Court copy of the statement of the complainant recorded along with cross-examination and shall also furnish copies thereof to Counsel for the parties. H. That appearance of the complainant before the trial Court shall remain exempted, provided he shall appear in the trial Court through Counsel and produce all the witnesses on the date fixed before the trial Court for recording their evidence. I. That the evidence of the witnesses of the complainant recorded in his absence, but in presence of his Counsel shall be binding upon him. J. That the evidence of the complainant recorded by the Local Commissioner in presence of the Counsel for the accused shall also be binding upon the parties. K. That the personal appearance of the petitioners before the trial Court shall remain exempted subject to the following conditions:- "(i). That the petitioners shall file an undertaking that they shall appear before the ld. trial Court at the time of framing of the charges, recording of the statement under Section 313 Cr.P.C. and at the time of delivery of the judgment. (ii). That the petitioners shall further state in the undertaking that the evidence of the witnesses recorded in their absence but in the presence of their Counsel shall be binding upon them. (iii). That in the undertaking, so filed they shall state that they shall appear before the ld. Court below as and when called upon to do so." L. That the expenses of the Local Commissioner shall be paid in advance. M. That Mr. (iii). That in the undertaking, so filed they shall state that they shall appear before the ld. Court below as and when called upon to do so." L. That the expenses of the Local Commissioner shall be paid in advance. M. That Mr. P.S. Sharma, Local Commissioner besides expenses for recording evidence shall be entitled to receive Rs. 5000/- towards each trip taken by him to Delhi. The cost of the trip shall be borne by the complainant." 9. Let a copy of this order be placed in each connected petition.