% 01.04.2024

1. By this common order the leave petitions filed on behalf of the petitioners against a common order of acquittal dated 30.11.2022 passed in 30 complaints under Section 138 of the NI Act which have been initiated on behalf of the petitioners are being disposed of.

2. Learned counsel appearing on behalf of the petitioners submits that vide the impugned judgment the learned Trial Court has dismissed the complaints filed by the present petitioners under Section 138 of the NI Act primarily on the ground that the subject cheques were given by the respondents in pursuance of a lease deed executed between the parties for a 3 year lock-in period. The case of the respondents before the learned Trial Court was that the vacant possession of the demised premises had been handed over to the petitioners and for a period of 6 months the property was not in possession of the respondents. The learned Trial Court while acquitting the present respondents has given findings to the effect that cheques which were given as advance for the entire lock-in period, will not be maintainable for the period when the possession of the premises was not with the respondents.

3. Learned counsel