VINAY PARULEKAR Vs. PRAMOD MESHRAM

JUDGEMENT

(1.) These two appeals, preferred by Vinayak Parulekar, the complainant, are directed against the two orders of acquittal of the respondent - accused rendered in two criminal cases bearing Nos. 138/OA/1997/D and 130/OA/1997/D. Both these cases were filed by the complainant u/S. 138 of Negotiable Instruments Act (for short 'the Act').

(2.) Criminal Appeal No. 37/2006 is directed against the judgment and order dated 16-12-2005 passed by the learned Magistrate in Criminal case No. 138/OA/1997/D (for short 'the first case') and Criminal appeal No. 38/2006 is directed against the judgment and order dated 16-12-2005 passed by the learned Magistrate in Criminal case No. 130/OA/1997/OA (for short 'the second case'). By the impugned judgment the trial Court has acquitted the accused of the offence punishable u/S. 138 of the Negotiable Instrument Act, (for short 'the Act')

(3.) Though the cheques and evidence led by the parties in these two cases are separate, the parties and the facts so also the circumstance against which the cheques of Rs. 3 lacs and Rs. 5 lacs were issued, are similar and hence, these two appeals are being disposed of by this common judgment. The case set up by the complainant is that the accused had issued these two cheques, dated 28-2-1997 and 11-1-1997, in due course of business towards the debt due and payable to him. Both these cheques were presented by the complainant in his Bank. Both the cheques were bounced and were returned with an endorsement 'not arranged for' and 'payments stopped by the drawer', on 25-4-97 and 9-4-97 respectively. Accordingly, legal notices were issued by the complainant on 27-4-97 and 17-4-97 calling upon the accused to pay the amount of the cheques within a period of 15 days from the date of receipt of the notice. Notices were received by the accused on 13-5-97 and 23-4-97 respectively. The accused did not make the payment of the cheques amount and, therefore, the complainant filed the two private complaints u/S. 138 of the Act. There is no dispute that the presumption contemplated under Section 139 has been raised and, therefore, I am not entering into further factual details. The dispute is only whether the accused has rebutted the presumption and the onus stood shifted on the complainant to establish that the cheques were issued for consideration.