MEENAKSHI MADAN RAI
Sancha Bahadur Subba – Appellant
Versus
Ramesh Sharma – Respondent
JUDGMENT :
MEENAKSHI MADAN RAI, J.
1. This common Judgment disposes of three Criminal Appeals i.e. Criminal Appeal No. 33 of 2018 (arising out of Private Complaint Case No. 14 of 2015), Criminal Appeal No. 34 of 2018 (arising out of Private Complaint Case No. 31 of 2015) and Criminal Appeal No. 35 of 2018 (arising out of Private Complaint Case No. 30 of 2015).
2. The Appeals assail the acquittal of the Respondent (the accused person before the learned trial Court) by the Court of the learned Chief Judicial Magistrate, East Sikkim at Gangtok, for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short "N.I. Act"), vide Judgments dated 11.05.2018, in the afore detailed Private Complaint Cases. The grounds for acquittal were that the Appellant had failed to prove the ingredients of "giving Notice" as required under Section 138 of the N.I. Act. The Appellant failed to establish beyond a reasonable doubt that a debt or any other liability existed in his favour. That the presumption under Section 139 of the N.I. Act was successfully rebutted by the Respondent. Hence, the Appeals.
3. The facts common in all the Complaints, leading to the Appeals may briefly be adverte
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