SUMITHRA Vs. B.S. SUDHIR

JUDGEMENT

(1.) These appeals are filed by the complainant who is common in all the appeals and the accused is also common and the Trial Judge has delivered the judgment independently in all the four cases. Having heard the arguments of respective learned counsel, the case of the complainant is only one transaction of availing the loan, but issued four cheques and all the four cheques are dishonoured. Hence, this Court felt that all the matters have to be taken up together for common disposal. Hence, taken up for common disposal.

(2.) These appeals are filed challenging the judgment of acquittal dated 06.01.2011 passed in C.C.Nos.6070/2008, 6059/2008, 6060/2008, 6077/2008 on the file of the IV JMFC, Mangalore, Dakshina Kannada.

(3.) The factual matrix of the case is that the accused owed a sum of Rs.2,04,000/- to the complainant and in discharge of the legally enforceable liability, he has issued four cheques drawn on Syndicate Bank for a sum of Rs.51,000/- each in favour of the complainant. The accused while issuing the cheques assured that the same would be honoured. The cheques were presented and those cheques were returned dishonoured to the complainant with an endorsement dated 03.05.2007 and for dishonour of all the four cheques, the complainant got issued notice dated 08.05.2007 through registered post for due compliance with regard to Section 138 of Negotiable Instruments Act, 1881 (' NI Act ' for short). The notice was duly served on the accused on 10.05.2007. The accused did not comply the demand, instead he gave untenable reply dated 22.05.2007. Hence, the present complaints were filed.