PETER MASCARENHAS Vs. MONSABRE ASHLEY OSWALD DIAS

JUDGEMENT

(1.) The above Criminal Appeals involves identical facts and raise common questions and are therefore heard together. Criminal Appeal no. 61 of 2008 is filed challenging the Judgment and Order dated 04.08.2008 whereas the Criminal Appeal no. 62 of 2008 is filed challenging the Judgment and Order dated 25.06.2008. By the said Judgment and Orders, the Appeals filed by the Respondents herein came to be allowed by the Sessions Court and the conviction of the Respondents by the learned J.M.F.C., Vasco da Gama, under Section 138 of the Negotiable Instruments Act, 1881, (Act, for short), came to be set aside.

(2.) The subject matter of the two complaints are the cheque nos. 273342 and 273343 for Rs.3,00,000/- each drawn on ICICI Bank, Margao Branch, which have been dishonoured on account of "stop payment advice/insufficiency of funds".

(3.) The parties would be referred to as per their status in the Trial Court and the facts in Criminal Appeal No. 61 of 2009 would be referred to for convenience sake.