(1.) By these applications under Section 378(4) of the Code of Criminal Procedure Code original complainant seeks leave to file appeals against the judgments of acquittal rendered by the learned Judicial Magistrate First Class, Nagpur in five Summary Criminal Cases relating to office punishable under Section 138 of the Negotiable Instruments Act. When the applications and appeals were first listed, notice of final disposal was directed to be issued. Thereafter R & P too was called and has been received. In view of this, leave to file appeals granted. The applications are allowed.
(2.) These five appeals are directed against the judgments of acquittal rendered by the learned Judicial Magistrate First Class, Nagpur in five criminal complaints in respect of offences punishable under Section 138 of the Negotiable Instruments Act.
(3.) Facts which occasioned filing of those complaints are identical. There is substantially no dispute about facts which are material for deciding these appeals. Between 24-5-2002 and 24-3-2003, the complainant supplied paper worth Rs.20,38,357/- to accused No.1, whose proprietor is accused No.2. Both the complainant and accused ordinarily do their business at Delhi and paper was supplied at Delhi. Five cheques of Rs.60,000/- each, drawn on Indian Overseas Bank, Delhi were delivered by the accused to complainant towards these dues. These cheques were lodged by the complainant for collection with his bank in Nagpur, where he claims to have an office. The bank on which the cheques were drawn, i.e. Indian Overseas Bank, Delhi, intimated to the complainant's bankers that the cheques were dishonoured, and the said bank, in turn, sent intimation of dishonour to complainant. The complainant sent notices of demand from his Nagpur office to the accused, which were duly received by them. As the accused failed to pay, the complainant filed five complaint cases before the learned Judicial Magistrate First Class, Nagpur on 3-2-2004.
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