BHAKTI GARMENTS Vs. SUBHASH B VISHWAKARMA

JUDGEMENT

(1.) Both these appeals have been filed by the complainant and are directed against common Judgment dt. 30.10.07 of the Learned trial Court by which the accused has been acquitted under Section 138 of the Negotiable Instruments Act, 1881. The case of the complainant, in brief, was that the complainant sold to the accused 40 second hand sewing machines in working condition at the rate of Rs. 2,200/- per machine and for a total sum of Rs. 88,000/- by delivery challan cum invoice No. 1562 dated 10.10.2001 and towards part payment of the said amount the accused gave to the complainant two post dated cheques, details of which are as follows:

(2.) 130902 dated 28.10.2001 for Rs. 5,000/-.

(3.) The complainant sent another letter to the accused dated 12.12.2001 denying what was stated by the accused in the reply dated 28.11.2001 sent by the accused and reiterating the stand of the complainant as disclosed in the said statutory demand notice.