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BHARAT P. DESHPANDE
Quepem Urban Co-op. Credit Society Ltd. – Appellant
Versus
Datta Shambu Naik – Respondent


Advocates Appeared:
Mr. Abhay Nachinolkar with Mr. Siddhant Kamat Dhakankar and Mr. H. Vaze, Advocates for the Petitioner., for the Appellant; Mr. Ashwin D. Bhobe with Ms. Annelise Fernandes, Mr. Chirag Angle and Ms. S. Shaikh, Advocates for the Respondent No.1. Mr. Gaurish Nagvenker, Additional Public Prosecutor, for Respondent No.2., for the Respondent

JUDGMENT

1. In both these appeals, common questions of facts and law are raised and therefore taken up for final disposal together. The learned counsel appearing for the parties agreed that both these matters could be disposed of by a common judgment.

2. Criminal Appeal No.11 of 2015 is challenging the judgment dated 21/10/2013 passed in Criminal Appeal No.48 of 2012 by the learned Additional Sessions Judge-I, South Goa Margao whereby the judgment of conviction dated 27/03/2012 passed by the learned J.M.F.C.,Quepem in Criminal Case No.103/NI/2010/B was quashed and set aside and the respondent/accused was acquitted of the offence punishable under Section 138 of the Negotiable Instruments Act,1881.

3. Criminal Appeal No.21 of 2018 is challenging the judgment dated 17/06/2017 in Criminal Appeal No.51 of 2013 passed by the learned Additional Session Judge, South Goa, Margao thereby allowing the said appeal and accordingly quashing and setting aside the judgment of conviction passed by the learned Judicial Magistrate First Class, Quepem in Criminal Case No.38/NI/2009/B. The respondent/accused was accordingly acquitted for the offences punishable under Section 138 of the Negotiable Instrume

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