BIJAY AGARWAL Vs. MEDILINES

JUDGEMENT

(1.) Leave granted. On the consent of the parties, the matter was finally heard. The captioned appeals by a special leave are directed against the impugned common order dtd. 9/1/2024 passed by the High Court of Karnataka at Bengaluru in Criminal Petition Nos. 13095 of 2023 and 13153 of 2023 respectively.

(2.) Heard the learned senior counsel appearing for Digitally signed by Dr. the appellant and the learned counsel appearing for the respondent.

(3.) In view of the factual background obtained in these cases, a question of seminal importance arises for consideration viz., "whether the signatory of a cheque authorized by the Company is a drawer and whether such a signatory could be directed to deposit any sum out of the fine or compensation awarded by the trial Court under Sec. 148 of the Negotiable Instruments Act, 1881 (for short 'NI Act')", as a condition for suspending the sentence in an appeal filed against his conviction under Sec. 138 of the NI Act?