CEASEFIRE INDUSTRIES LTD. Vs. STATE

JUDGEMENT

(1.) The petitioner had instituted two complaint cases they having been registered as complaint case nos.07/2/15 and 08/02/15 impleading the second to fourth respondent as accused persons, each case alleging offence having been committed under Sec. 138 of the Negotiable Instruments Act, 1881 (N.I. Act) respecting two different cheques they being cheque nos.035145 dated 07.07.2012 and 035146 dated 05.07.2012 each of Rs.2,00,000.00 issued against the account of the second respondent herein with ICICI Bank, Okhla Industrial area, phase-1, New Delhi in favour of the complainant company. It is beyond dispute, as proved by clinching evidence at the trial, that the said cheques when presented for collection were returned by the bank with memos indicating reasons for return to be "account blocked", followed by some further expression which is found smudged and therefore, illegible. Concededly, after the return of the said cheques unpaid by the bank, the complainant issued legal demand notices calling upon the respondents to pay and upon default in payment on their part, complaints were instituted.

(2.) It appears that after preliminary inquiry, the second to fourth respondents were summoned and put to trial on the basis of notices under Sec. 251 of the Code of Criminal Procedure, 1973 (Cr. PC) issued and served on 03.10.2016 to which the respondents pleaded not guilty.

(3.) The evidence was led by the complainant by examining its authorised representative Mr. D.N. Raju (PW-1). The complainant having rested its case in both the matters after the said evidence, statements of the respondents were recorded under Sec. 313 read with Sec. 281 Cr. PC and, thereafter, the Metropolitan Magistrate by similar judgments rendered on 011.2016 pronounced acquittal. It is the said view which is sought to be assailed by the petitioner in both these petitions whereby leave to file criminal appeal in each case is sought in terms of Sec. 378(4) Cr. PC.