Manoj Kumar vs O.P.Joshi on 3 November, 2015

1. By way of the present four appeals filed under section 378 (4) &
(5) of Cr.P.C. appellant assailed the common judgment dated
20.04.2012 passed by ld. Trial Court four similar complaints filed
under Section 138 Negotiable Instruments Act, 1881 being CC No.
1979 to 1982/10/05 thereby acquitted the respondent in all the cases.
2. The aforementioned complaints had arisen out of the
transactions which took place between the parties during relevant
period. Therefore, in the interest of justice and to avoid judicial
conflict on decision, all appeals are being decided by way of a common
judgment.
3. As per the case of the appellant/complainant,
respondent/accused took a friendly loan of Rs.8.25 Lac from the
complainant for a short term and agreed to repay the said amount with
interest @ 18% per annum and in order to secure repayment of said

Crl. Appeal Nos. 411 to 414 of 2014 Page 2 of 8
loan, respondent delivered 10 post-dated cheques for a sum of
Rs.50,000/- each drawn on Corporation Bank, CGO Complex, Lodhi
Road, New Delhi to the appellant. Out of the aforesaid 10 cheques,
four cheques, being no. 965683, 965681, 965684 and 965682 dated
01.07.2005, 10.07.2005, 01.08.2005 and 14.07.2005 respectively for a
sum of Rs.50,000/- each were dishonoured on their presentation on
account of insufficient funds. The factum of dishonoured cheques
were brought to the notice of the respondent by way of legal notice
dated 06.09.2005, which was duly acknowledged by him vide
acknowledgment card. Despite, the respondent had not complied with
the demand as made in the said legal notice. Consequently, complaint
cases under Section 138 of N.I. Act were filed.

Source: Indian Kanoon

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