- (1.)Leave granted.
(2.)These appeals arise out of judgment dated 31.08.2018 in Criminal Appeal Nos. 588 and 589 of 2018 by which the High Court has set aside the judgment passed by the Trial Court, wherein the appellant had been acquitted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (For Short, the N.I. Act).
(3.)The respondent has filed the compliant under Section 138 of the N.I. Act based on two cheques:- for Rs. 7,80,000/- dated 28.05.2014 and Rs. 5,80,000/- dated 28.06.2014, alleging that when presented for collection, the cheques were returned with endorsement "insufficient funds". The Trial Court vide its judgment dated 28.10.2015 acquitted the appellant by holding that the respondent- complainant had not proved that the cheques were issued for discharging legally enforced debt. The Trial Court also held that no documents were placed on record to show that the appellant was the partner of Avadh Infrastructure and that the respondent- complainant had not established that the disputed cheques were issued for discharging the legally enforced debt. The Trial Court acquitted the appellant. Appeal filed by the respondent- complainant was allowed by the High Court vide the impugned judgment. By the impugned judgment, the High Court has convicted the appellant under Section 138, N.I. Act and sentenced the appellant to undergo imprisonment for two years. Additionally, the High Court has also imposed the fine of Rs. 15,60,000/- (qua the cheque for Rs. 7,80,000/-) and imposed fine amount of Rs. 11,60,000/- (qua the cheque for Rs. 5,80,000/-) with default clause. Being aggrieved, the appellant preferred these criminal appeals.