CHANDRAKANT DINKAR PATIL Vs. D G PANARI

JUDGEMENT

(1.) HEARD Ms.Gauri Jadhav the learned counsel for the applicant and Mr.Joshi the learned counsel for the respondent no.1.

(2.) ALL these four applications are filed seeking leave to prefer appeal against the order of acquittal in four criminal cases filed under Section 138 of the Negotiable Instruments Act by the applicant against the respondent no.1.

(3.) THE learned trial Court acquitted the accused and dismissed the complaints mainly on 2 grounds. Firstly, the cheques were issued for the debt or the liability which was barred by the limitation. Secondly, the notice, which was issued by the applicant to the respondent, was also beyond the period of 30 days. This finding was given by the learned Magistrate on the ground that information was received by the applicant about dishonour of cheque on 21-6-2004 and not on 24-5-2005. As far as this point is concerned, it is the disputed question of the fact. The learned trial Court came to conclusion that there appears some overwriting and date 21st was made 24th. While according to the applicant the intimation from the bank that the cheque was dishonoured was received on 24-5-2004 and not on 21-5-2004. This aspect may require consideration.