DANESHWARI TRADERS Vs. SANJAY JAIN

JUDGEMENT

(1.) THESE are Criminal Appeals filed by the complainant against the acquittal of the accused under Section 138 of the negotiable Instruments Act, 1881. The subject matter of the first appeal (Criminal Case No. 339/04/f) are three cheques, details of which are: <FRM>JUDGEMENT_876_TLMHH0_2008Html1.htm</FRM> The subject matter of the second appeal (Criminal case No. 499/04/a) are nine cheques, the details of which are: <FRM>JUDGEMENT_876_TLMHH0_2008Html2.htm</FRM>

(2.) THE case of the complainant was that the accused had issued the subject cheques towards payment for purchase of rice bags.

(3.) IN the first case the complainant examined himself and closed his case. The defence of the accused was that the said cheques were given by way of security towards the goods purchased by the accused but the payment was done by cash. The accused examined himself to support his defence and also examined his father. In the second case the accused did not examine any witnesses.