JUDGMENT :

R. BANUMATHI, J.

These appeals arise out of the judgment dated 28.07.2008 in Criminal Appeal Nos.53 and 54 of 2006 passed by the High Court of Bombay in and by which the High Court dismissed the appeals filed by the appellant-complainant thereby upholding the acquittal of the respondent-accused Sanjay Jain under Section 138 of the Negotiable Instruments Act.

2. Brief facts which led to filing of these appeals are as under:-

The appellant-complainant had been supplying the commodities and rice bags to the respondent-accused on his request. In this regard, the respondent-accused issued various cheques which when presented for collection were dishonoured. The appellant had filed two complaints under Section 138 of the Negotiable Instruments Act - complaint No.339/OA/NI/2004/A and complaint No.499/OA/NI/2004/A against the respondent-accused alleging that the cheques issued by the respondent-accused in lieu of payment owed to the appellant were dishonoured on presentation. It was averred that despite issuance of legal notice, the respondent did not make payments.

3. In case No