K G RAMACHANDRA GUPTA Vs. G ADINARAYANA

JUDGEMENT

(1.) ALL these three appeals are filed by the common complainant in C. C. Nos, 14647 of 1991 and 14191 of 1991 against the common judgment in c. C. Nos. 14191 of 1991 and 14647 of 1991, dated 22nd June, 1995 and the other complainant in C. C. No. 14190 of 1991 his wife, who filed the appeal against the judgment in C. C. No. 14190 of 1991, dated 22nd june, 1995, on the file of the Court of IV Additional Chief Metropolitan magistrate, Bangalore City, acquitting the respondent-accused in respect of the offence punishable under Section 138 of the Negotiable instruments Act, 1988 (hereinafter referred to as 'the Act' ).

(2.) THE Criminal Appeal No. 271 of 1996 has been filed against the judgment in C. C. No. 14190 of 1991. Criminal Appeal No. 272 of 1996 has been filed against the judgment in C. C. No. 14647 of 1991. Criminal appeal No. 270 of 1996 has been filed against the judgment in C. C. No. 14191 of 1991.

(3.) THE appellant in Criminal Appeal Nos. 270 of 1996 and 272 of 1996-complainant in C. C. Nos. 14191 of 1991 and 14647 of 1991 and appellant in Criminal Appeal No. 271 of 1996-complainant in C. C. No. 14190 of 1991 filed three separate complaints against the respondent-accused alleging that he committed the offence under Section 138 of the act. It is the case of the complainant in C. C. Nos. 14191 of 1991 and 14647 of 1991 that himself and accused are Doctors by profession and were friends. On 30-12-1988, he advanced a loan of Rs. 1,00,000/- and the complainant in C. C. No. 14190 of 1991 advanced a sum of Rs. 85,000/- to the accused under three separate pronotes executed for Rs. 50,000/- each, another pronote for Rs. 35,000/- by the accused. For repayment of the said loan amounts with interest, the accused has issued four cheques in his name; one bearing No. 0521147 and another bearing No. 0521146, dated 5-2-1991 for Rs. 50,000/- each and another two cheques bearing Nos. ESKC 132632 and ESKC 132631, dated 2-1-1991 for Rs. 50,0007- each in the name of his wife and two cheques bearing Nos. 0521148 and 0521147, dated 2-1-1991 for Rs. 50. 000/- each in his name and the said cheques when presented for collection in the Bank, were returned dishonoured with an endorsement "not arranged for". Thereafter, the complainant issued separate legal notices to the accused calling upon the accused to pay the cheque amounts within 15 days from the date of receipt of the said notice. Though the accused received the said notices, has not chosen to send any reply. After waiting for 15 days, the complainant filed these complaints within one month from the date on which the cause of action arose. The complaints, C. C. Nos. 14191 of 1991 and 14647 of 1991 were filed in respect of two dishonoured cheques; one dated 5-2-1991 and another dated 2-1-1991 issued for Rs. 50,000/- each. The complaint C. C. No. 14190 of 1991 has been filed in respect of two dishonoured cheques dated 2-1-1991 for Rs. 50,000/- each.