MAHENDRA GULABCHAND KOCHAR Vs. SAKHARAM RAMDAS PATIL

JUDGEMENT

(1.) These five (5) appeals are being disposed of together in as much as the facts and the questions of law involved therein are almost identical.

(2.) The appellant is original complainant. He filed private complaint cases (S. C. C. No. 5664/2003, S. C. C. No. 5711/2003, S. C. C. No. 5712/2003, S. C. C. No. 5665/2003 and S. C. C. No. 5728/2003) against the respondent for offence punishable under section 138 of the Negotiable Instruments Act. The respondent was tried in all the above five (5) private complaint cases. The learned Judicial Magistrate (F. C.), Aurangabad acquitted the respondent in all the five (5) private complaint cases for the offence punishable under section 138 of the Negotiable Instruments Act. Hence, these appeals against judgements of acquittal.

(3.) The parties led oral and documentary evidence in support of the rival contentions. Considering the material placed on record, the learned Judicial Magistrate held that the appellant failed to establish the necessary ingredients of offence punishable under section 138 of the Negotiable Instruments Act. Hence, the respondent came to be acquitted.