SANDEEP SHIRODKAR Vs. SANKAR DHAWASKAR

JUDGEMENT

(1.) The above criminal Appeals involve common facts and raise a common issue and are therefore heard and disposed of together. Criminal Appeal No. 17 of 2009 is filed challenging the judgment and order dated 26.9.2008 passed by the learned Additional Sessions Judge-3, South Goa, Margao, by which the judgment and order dated 8.5.2008 passed in Criminal Case No. 1199/OA/NIA/06/B by the learned J.M.F.C., Vasco-Da-Gama, convicting the Respondent No.1/Accused came to be set aside.

(2.) Criminal Appeal No. 28 of 2009 is filed challenging the judgment and order dated 25.9.2008 passed by the learned Additional Sessions Judge-3, South Goa, Margao, by which the judgment and order dated 8.5.2008 passed in Criminal Case No.1200/OA/NIA/06/B by the learned J.M.F.C., Vasco-Da-Gama, convicting the Respondent No.1/Accused came to be set aside. The subject matter of the two complaints are the cheque bearing No.13840 for Rs. 10,00,000/- drawn on UTI Bank Vasco-Da-Gama and the cheques bearing Nos. 13838 and 13839 for Rs. 15,00,000/- and Rs.10,00,000/- drawn on UTI Bank, Vasco-Da: Gama. The said cheques have been dishonoured for insufficiency of funds giving rise to the filing of the complaints under Section 138 of the Negotiable Instrument Act ( for short "the Act").

(3.) The parties would be referred to as per their status in the Trial Court. The facts in Criminal Appeal No. 17 of 2009 would be referred to for the sake of convenience.