GOWRI CONTAINERS Vs. S C SHETTY

JUDGEMENT

(1.) THESE two appeals have been preferred by the complainant challenging the acquittal of the respondent for offences punishable under section 13 8 of the Negotiable Instruments Act. Since both these appeals relate to the same parties and the same transactions, this common judgment is being passed in respect of both the appeals.

(2.) THE case of the complainant, in brief, is as under:

(3.) IN each case, the complainant was examined as PW-1. The contention taken by the accused in each case was that blank cheques had been taken by the complainant as security which were later filled by the complainant; and that articles in question not having been supplied to the accused, there was no liability under the cheques. A legal point was raised by the respondent that the complainant - partnership firm being an unregistered partnership firm, in view of the provisions of section 69 (2) of the Indian Partnership Act, no suit could have been filed to recover the amount and consequently, the amounts under cheque were not legally enforceable debt or liability. The learned trial Judge acquitted the accused/respondent on the grounds that: "i) the date of service of notice had not been mentioned in the complaint, ii) D. W. 1 had denied the version of P. W. 1, iii) In the absence of documentary evidence, sole testimony of the complainant was not acceptable, iv) That the complainant firm not having been registered under the Partnership Act, the amount due was not enforceable debt or liability. Challenging that judgment of acquittal, these appeals have been preferred by the complainant.