MEENAKSHI Vs. VEMAN VENKAREDDY MANKANI

JUDGEMENT

(1.) Heard the learned Counsel for the appellants. These appeals are disposed of by this common judgment.

(2.) The appellants are different individuals. However, the respondent-accused is the same. The complainant was lodged on the basis of cheques, which are said to have been issued by the Managing Director of Digital Den, namely the present respondent-accused, for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as 'N.I.Act', for brevity), on the allegation that the cheques issued by the respondentaccused, who was the Managing Director of a firm called Digital Den, in favour of each of the appellants, have been dishonoured on presentation, for want of sufficient funds in the account of the firm. The summons having been ordered on a complaint after taking cognizance, the respondent had entered appearance and had vehemently denied that there was any transaction between the appellants and the firm represented by the respondent. However, the matter having gone to the trial, it was canvassed by the appellants that, in fact there was a transaction whereby deposits were made by each of the appellants in favour of M/s. Indigo Company, in respect of which receipts had been issued by a person representing the company, which were marked in each of the complaints. It was the further case of the appellants that in refund of such deposits, the present respondent had undertaken the liability and had issued the cheques on behalf of the Indigo Company, no doubt in the name of Digital Den. Hence it could not be said that there was no legal liability in respect of which the cheques had been issued.

(3.) However, the Court below had found that there was no such pleading in the complaint nor has any evidence been tendered to contend that the cheques, notwithstanding that there was no transaction between the appellants on the one hand and the Digital Den, which was the firm of the respondent, the fact remained that Digital Den had issued the cheques in discharge of the liability which Indigo Company had against the appellants. Therefore, the Court below had held that the appellants had failed to prove that there was a legal liability.