SHIVAJI KISHANRAO CHINCHANE Vs. JAGDISH RAJESHWARRAO CHOUDHARY

JUDGEMENT

(1.) Heard both sides.

(2.) The parties in both the present appeals are common. Both the appeals have arisen out of the common trial and two different complaints for the offence punishable under section 138 of the Negotiable Instruments Act were filed by the present appellant/ complainant as the cheques involved in these two appeals are of two different periods only. As the common issues have arisen in these proceedings, both the present appeals are being decided by this common judgement.

(3.) The appellant in both the cases came with a case that he is the proprietor of one Laxmi Fertilizers at Pathri. The respondent/accused is the proprietor of one Manoraj Krushi Sadhana at the same town. The respondent/accused regularly used to obtain on credit fertilizer, seeds, insecticides, etc. from the appellant. Eventually, an amount of Rs. 3,50,000/ remained due from the respondent. The respondent promised to pay the same after March, 2000. In the circumstances, he issued eight cheques for an aggregate amount of Rs. 1,75,000/.