SHARAD SUKHTANKAR Vs. RAJENDRA N BILIYE

JUDGEMENT

(1.) Both these Criminal Appeals involve a similar question of law and fact. They are between the same parties. As such, they are being disposed of by this common judgment.

(2.) The appellant is the original complainant, who had filed two separate complaint cases for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (the Act, for short) against the respondent/ original accused. According to the appellant, she had advanced a sum of Rs. 4,66,000/- to the respondent no. 1 as the respondent no. 1 was in dire need of the same. Further, according to the appellant, the respondent no. 1 had agreed to repay the said amount along with interest at the rate of 12 % p.a. amounting to a sum of Rs. 6,12,360/-. Further, according to the appellant, towards the repayment of the said sum, the respondent no. 1 had executed four promissory notes dated 12/06/2006 for a sum of Rs. 50,000/- each amounting to Rs. 2,00,000/-

(3.) The appellant claimed that towards the discharge of his liability, the respondent no. 1 issued many cheques. Present appeals pertain to two cheques in the sum of Rs. 20,000/- and Rs. 21,000/- dated 22/08/2008 drawn on the ICICI Bank, Margao Branch. Both these cheques when presented by the appellant for encashment, were dishonoured on account of insufficient funds. In such circumstances, the appellant instituted the complaint cases, after issuance of the notice.