DURGADEVI GAURISHANKAR BHATTAD Vs. SHALIKRAM VITTHALRAO KORDE

JUDGEMENT

(1.) These applications, by complainants in complaints for offence punishable under section 138 of the Negotiable Instruments Act, seeking leave to file appeal against judgments of acquittal rendered by Judicial Magistrates First Class in Criminal Case Nos. 833 of 2005 (new) 1988/2004(old) and 3321/2007 raise a common question and are, therefore, taken up for disposal by a common judgment.

(2.) Criminal Case No. 1988/2004 i.e. New No. 833/2005 had been filed by the payee through holder of her power of attorney one Kamalkishore, whereas Criminal Case No. 3321/2007 had been filed by Sk. Salam who was grandson and holder of power of attorney of Halimabee payee of the cheque.

(3.) The holders of Power of Attorney in both the cases tendered evidence on behalf of the complainants. After considering the evidence tendered, in light of judgment of learned single Judge of this Court in Roy Joseph vs. Sk. Tamisuddin,2008 3 MhLJ 708, the learned Magistrates proceeded to acquit both the accused. Aggrieved thereby the complainants have sought leave to file appeal by these two applications.