NANA YASHWANTRAO LAKHDIVE Vs. ALTAF YAKUB GONDIL

JUDGEMENT

(1.) RULE. Returnable forthwith.

(2.) HEARD finally with the consent of the parties.

(3.) A few facts may be stated thus: The present accused/applicant is facing trial under Section 138 of the Negotiable Instruments Act. It was alleged that the applicant/accused had initially issued two cheques for Rs.10 lac in favour of father of the non applicant/complainant. Before those cheques could be sent for collection to the bank the father of the non applicant/complainant died. The non applicant/complainant therefore contacted the accused/applicant again and made a request to issue fresh cheques. The accused/applicant issued fresh cheques for Rs.10 lac on 30.07.2003. They were deposited in the bank and were dishonoured. The evidence of the complainant has been recorded in the criminal complaint. It is after his evidence was recorded that he applied for examining a few witnesses saying that there are similar such transactions of the applicant/ accused with other persons and the complainant received such information about those cases after this case was filed.