SHUKLA DUTTA ROY Vs. V MOHAMED HUSSAIN

JUDGEMENT

(1.) The Criminal Appeals have been filed by the complainants against the judgments of acquittal, dated 13.11.2002 and 5.1.2006 in C.C. Nos. 3726 and 3727 of 2001 respectively, on the file of the IInd Metropolitan Magistrate's Court, Egmore, Chennai, whereby, the respondent-accused was acquitted of the charge under Section 138 of the Negotiable Instruments Act (hereinafter referred to as 'the N.I. Act').

(2.) The appellants have filed the complaints under Section 138 of the N.I. Act against the respondent-accused. The case of the complainants, which is common in both the cases, is as follows:

(3.) After following the formalities, the trial Court questioned the respondent-accused, and he pleaded not guilty. During the course of trial, in Crl.A. No. 325 of 2003 pertaining to C.C. No. 3726 of 2001, P.Ws.1 to 3 and D.Ws.1 to 3 were examined and Exs.P-1 to P-14 were marked; during the course of trial, in Crl.A. No. 148 of 2006 pertaining to C.C. No. 3727 of 2001), P.W.1 and D.Ws.1 and 2 were examined and Exs.P-1 to P-14 and Ex.D-1 were marked. On the basis of the oral and documentary evidence, the trial Court dismissed the complaints and the respondent-accused was acquitted of the charge, as indicated above.