NIRMAL DEWAN Vs. ANAND SHROFF AND ORS.

JUDGEMENT

(1.) THESE three Appeals can be conveniently disposed of by this common order as the parties are the same, and the questions needing determination are also the same.

(2.) THE appellant's husband Shri Trilok Diwan had filed three complaints against the respondent no. 1 herein, alleging commission of three separate offences punishable under section 138 of the Negotiable Instruments Act, by him. According to the said Trilok Diwan, the respondent no. 1 had issued 6(six) cheques to him as and by way of repayment of the hand -loan taken by him from the said Trilok Diwan, which cheques were dishonored for want of sufficient funds in the drawer's account. Three separate complaints one in respect of two cheques came to be filed as the amount of these cheques was not paid in spite of making a demand for the same. Trilok Diwan died during the pendency of the said complaint cases. The present applicant, who is his widow, thereafter, sought permission to get herself substituted as the complainant in place of Shri Trilok Diwan, which was granted.

(3.) I have heard Mr.S.A. Velkar, the learned counsel for the appellant. I have heard Mr.H.H. Nagi, the learned counsel for the respondents. With their assistance, I have gone through the Appeal Memos and the annexures thereto, which are identical in all the appeals, including the judgments of conviction delivered by the learned Magistrate and the appellate Judgments of acquittal as delivered by the Addl. Sessions Judge.