JUDGMENT

Mr. Sanjay Vashisth, J. (Oral)

By this judgment, two appeals, i.e. CRA-S-3385-SB-2012 and CRA-S-3386-SB of 2012, filed by same appellant, namely, Mohanbir Singh (hereafter referred to as, 'the complainant'), are being decided together, inasmuch as, parties in both the appeals are same, and the finding of acquittal has been recorded by the learned Trial Court after dealing with & analyzing same set of evidence, vide impugned judgment(s) dated 06.04.2012.

Facts Of CRA-S-3385-SB-2012:

2(i). In this appeal, the complainant has challenged the judgment dated 06.04.2012, passed by learned Judicial Magistrate Ist Class, Ludhiana/ Trial Court, in Criminal Case No. 368/2, dated 30.08.2008, titled as 'Mohanbir Singh v. Hari Parkash Gimra', vide which respondent- Hari Parkash Gimra, was acquitted in a complaint case filed by the complainant, under section 138 of the Negotiable Instruments Act, read with Section 120 IPC, alleging that one cheque bearing No. 541279, dated 01.02.2008, for an amount of Rs.1,00,000/-, drawn on Oriental Bank of Commerce, Extn. Counter, New DMC College & Hospital, Tagore Nagar, Ludhiana, was issued by the respondent in favour of Complainant. But on being presented before Canara Bank, Bharat Nagar Chowk, Ludhiana, the said cheque was bounced, and vide memo dated 26.06.2008, the complainant was informed that 'today's opening balance is insufficient'.

2(ii). After issuance of legal notice regarding non-payment of the cheque amount, complainant instituted the aforementioned complaint before the concerned Court Trial Court, and the same was dismissed, vide impugned judgment dated 06.04.2012, thereby acquitting the respondent. The said judgment of acquittal was challenged by the complainant before this Court, alongwith an application No. CRM-A-440-MA-2012, under Section 378(4) read with Section 482 Cr.P.C., seeking leave to appeal, which was allowed by this Court vide order dated 21.11.2012.

Facts Of CRA-S-3386-SB-2012:

3(i). In this appeal, the complainant has challenged another judgment dated 06.04.2012, passed by learned Judicial Magistrate Ist Class, Ludhiana/Trial Court, in Criminal Case No. 358/2, dated 28.08.2008, titled as 'Mohanbir Singh v. Hari Parkash Gimra', vide which respondent - Hari Parkash Gimra, was also acquitted in the second complaint case filed by the complainant, under section 138 of the Negotiable Instruments Act, read with Section 120 IPC.

3(ii). In this case, the complainant has alleged that following four cheques, drawn on Oriental Bank of Commerce, Extn. Counter, New DMC College & Hospital, Tagore Nagar, Ludhiana, were issued to him by the respondent:-

3(iii). After presentation, all the four cheques were bounced, and the same were returned by the bank to the complainant, vide Memo. dated 26.06.2008/27.06.2008, with the remarks - 'today's opening balance is insufficient'.

3(iv). After issuance of legal notice and non-payment of the cheque(s) amount, the complainant instituted the aforementioned complaint before the concerned Trial Court, which was dismissed vide impugned judgment by acquitting the respondent. The said judgment of acquittal was challenged by the complainant before this Court, alongwith an application No. CRM-A- 542-MA-2012, under Section 378(4) read with Section 482 Cr.P.C., seeking leave to appeal, which was allowed by this Court vide order dated 21.11.2012.

Submissions:

4(i). At the inception of arguments by respective learned counsel for the parties, it was noticed that in these appeals, record of Trial Court has not been rec