NISHITH M. P. VERLEKAR Vs. ASHPAQUE MARFANI

JUDGEMENT

(1.) BOTH these appeals are being disposed of by common judgment and order since the parties are the same and the evidence led in both the matters, is almost identical.

(2.) THE appellant in both the appeals, is the complainant in Criminal Case Nos. 532/P/2006/C and 490/P/06/C filed against the respondent in the Court of Judicial Magistrate, First Class, Mapusa.

(3.) IN Criminal Appeal No. 74/2008, the complainant filed Criminal Case No. 490/P/2006/C on the allegation that the accused had issued, in favour the complainant, a cheque dated 25-5-2006 for the sum of Rs. 1 Lac drawn on H.D.F.C. Bank Limited, Panaji which was upon presentation, returned with endorsement 'Account Closed'. Thereafter, registered A.D. notice dated 30-5-2006, was sent to the accused calling upon him to make payment within 15 days. The said notice was received by the accused on 1-6-2006. Since no payment was effected, the complaint was filed. In the said case, the complainant examined himself as P.W 1 and also examined Milind Bhende as P.W.2 and produced several documents on record. The accused examined himself in defence and produced several documents on record. The accused also took the same defence as in Criminal Case No. 532/P/2006/C and the learned Magistrate re corded similar findings and consequently, acquitted the accused of the offence under section 138 of The Act.