SHAKUNTALA PILANIA Vs. P.R. GUPTA

JUDGEMENT

(1.) With the consent of both the sides, above captioned two petitions were heard together and are being disposed of by this common judgment.

(2.) Common order of 10th July, 2007 impugned in the above captioned two petitions, upholds conviction and sentence of simple imprisonment for a period of six months and compensation of Rs. 4,10,000/-; Rs. 6,60,000/- and Rs. 3,30,000/- awarded to complainant and in default thereof, petitioners have been ordered to undergo simple imprisonment for 45 days for the offence under Section 138 of the Negotiable Instruments Act, 1881 in three complaint cases relating to dishonouring of cheques of Rs. 2,00,000/-, Rs. 1,20,000/-, Rs. 85,000/-, Rs. 80,000/-, and Rs. 50,000/- in all.

(3.) Impugned judgment was assailed by petitioners' counsel by contending that respondent's complaint is not maintainable as the cheques in question were issued by petitioner- K.S. Pilania as Director of Transport Wings (P) Ltd. and above-said company has not been impleaded as an accused. It was next contended that there was no existing debt or liability and so the ingredients of Section 138 of the Negotiable Instruments Act, 1881 were not attracted, rendering impugned conviction bad in law.