2022 (2) TMI 130

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....nt under the Legal Aid Scheme; however, it is reported that he is unwell. Therefore, this Court requested Mr. Amey Kakodkar to appear on behalf of the appellant since Mr. Kakodkar appears in the connected appeal involving an identical issue. Mr. Kakodkar has consented to do the same and accordingly Mr. Kakodkar was heard even in Criminal Appeal No.13/2015. 3. After these matters were argued for some time, this Court was prima facie convinced that the impugned Judgment and Orders acquitting the respondent warranted interference. 4. Before the matters could proceed further, Mr. Rohan Desai, learned counsel for the respondent requested for the matter to be kept in the afternoon session so that he could obtain suitable instructions from t....

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....arly how they obtained the amount of Rs. 60,000/- which they paid to the respondent. If the evidence on record is perused, then, there is oral and documentary evidence that substantially explains how this amount was procured. In any case, once it is established that the cheques were indeed signed and issued by the respondent, the onus was on the respondent having regard to the presumption that arises under Section 139 of the N.I. Act.   9. In this case, the respondent chose not to examine himself. The defence witness (DW1) examined by the respondent has not succeeded in rebutting the presumption that arises in these types of matters. The evidence of DW1 also does not inspire confidence because there is material on record that even t....

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....s. 75,000/- in each of these appeals i.e. a total amount of Rs. 2,25,000/-, then, the offence will be deemed to have been compounded and the respondent will not be required to suffer any conviction or sentence. However, if the amount is not deposited within two months, then, the respondent will stand convicted as aforesaid and further, will have to suffer the sentence of imprisonment and fine. 15. It is made clear that though these appeals are being disposed of by a common Judgment and Order, the conviction is in respect of different and distinct offences, and therefore there is no question of the sentences running concurrently. The offence has been committed by the Respondent against three separate complainants. The respondent will ther....