VIKAL BUSINESS CORPORATION Vs. BISHAN DAS

JUDGEMENT

(1.) These four Leave Petitions arise out of the four separate judgments of even date 20.03.2012 passed by the learned Metropolitan Magistrate ("MM") in four complaint cases under Section 138 of Negotiable Instructions Act, 1881(the Act) whereby Respondent No.1 was acquitted for having issued four cheques No.508824 dated 19.04.2008 for Rs. 5,013/-, Cheque No.508822 dated 17.04.2008 for Rs. 11,083/-, Cheque No.508821 dated 19.04.2008 for Rs. 18,276/- and Cheque No.508825 dated 16.04.2008 for Rs. 14,763/- all drawn on Canara Bank, Bhogal, New Delhi, which were dishonoured on presentation on account of insufficient funds and the Respondents allegedly failed to make the payment within the statutory period even inspite of notice under Section 138 of the Act.

(2.) As per the averments made in the Complaints the abovesaid four cheques were issued by Respondents No.1 and 2 in favour of the Petitioner Vikal Business Corporation towards the amount due from them. The cheques were presented to Allahabad Bank, Nehru Place Branch of the Petitioner.

(3.) The Respondents pleaded not guilty to the notice issued under Section 251 of the Code of Criminal Procedure, 1973 ("the Code"). The Petitioner examined Vaibhav Kalra, its Authorized Representative to prove various documents. On appreciation of evidence, the learned "MM" found that the Petitioner had failed to prove that the cheques were issued in discharge of any part or whole of the liability of the drawer. Thus, the Respondents were acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the Act). In paras 12 to 21 of the impugned judgment which are same in all the four complaint cases (except the amount of the cheque), the learned MM had given the detailed reasons for acquitting the Respondents for the offence punishable under Section 138 of the Act. The same are extracted hereunder: