ASHOK LEYLAND FINANCE LIMITED Vs. RAM KISHAN

JUDGEMENT

(1.) With the consent of learned counsel for the parties in all the four cases, these four identical applications under Section 378 (4) of the Code of Criminal Procedure ('Cr.P.C.' for short), seeking leave to appeal, are being decided together, as the facts as well as legal position in all these matters is the same.

(2.) In all the four cases, complaints under Section 138 of the Negotiable Instruments Act, 1881, ('NI Act' for short), filed by the present applicant-complainant against its borrowers-respondents, were dismissed by the learned trial court by passing identical dismissal orders, whereby accused in all these cases were acquitted.

(3.) The common pleaded case on behalf of the applicant-complainant, in all its four cases, was that accused-borrowers entered into a hire purchase agreement with the complainant, for the purpose of purchasing their respective vehicles. The loan amount was different in each case. All the four borrowers-accused had been paying their monthly installments towards repayment of loan amount, as per mutually agreed terms and conditions of the loan agreement. However, in all these four cases, loanee-accused allegedly defaulted in making the payments. Consequently, in all the four cases, vehicles of the respondents were repossessed by the lender-complainant from all the four borrowers-accused. The vehicles were sold by the applicant in every case. The borrowers allegedly issued cheques in question after selling of their respective vehicles. Since the cheques allegedly issued by the accused in every case were dishonoured on account of "funds insufficient", complainant issued legal notice to all the four accused-respondents. When the accused did not pay the cheque amount, complainant filed four complaints.