AMOLAK TEXTILES Vs. UPHAR FASHIONS

JUDGEMENT

(1.) ALL the seven appeals arise out of between the same parties and in respect of one and the same transaction where 15 cheques are issued towards repayment of loan liability. The cases are tried separately by the trial Court and common judgment is rendered.

(2.) THE appellant/complainant prosecuted the respondent (accused) for commission of offence u/s. 138 of N. I. Act. It is the case of the complainant that the accused borrowed a loan of Rs. 1,95,000/- for his business purpose and issued 13 cheques valuing Rs. 15,000/-each.

(3.) TWO of the cheques on presentation dishonoured because of 'stop Payment' instructions from the accused and other cheques are dishonoured for want of 'sufficient funds'. The Manager of the Bank is examined by the accused to prove that in respect of the 13 cheques, there was 'stop payment' instruction.