AKBAR THOBANI Vs. JOAQUIM GODINHO

JUDGEMENT

(1.) These two appeals are filed by the appellant against the acquittal of the accused for the offence U/s. 138 of Negotiable Instruments Act.

(2.) The appellant had filed the complaints before the Trial Court that the respondent be convicted for the offence U/s. 138 of the Negotiable Instruments Act since the cheques which the respondent had tendered to him have been dishonoured. There appears to be no dispute about the fact that the respondent had drawn one cheque for Rs. 30,000/- dated 2.1.1998 and 4 cheques of Rs. 50,000/- each dated 30.8.1997, 30.9.1997, 30.10.1997 and 30.11.1997 respectively. All these cheques were dishonoured. The four cheques were dishonoured on 5.1.1998 and the other cheque was dishonoured on 6.1.1998. The complainant issued notice on 13.1.1998 which has been replied by the respondent.

(3.) The defence of the respondent is that he is not liable under Section 138 of the Negotiable Instruments Act because there was no commercial transaction between him and the complainant and, therefore, he directed the Bank to stop payments of the cheques.