(1.) There are 11 other connected matters wherein leave application to file appeal came up before this Court. By consent and at the request of the parties, leave applications as well appeals are taken together. As both of them are taken together leave is granted and appeals are treated as admitted. All the appeals are taken up together for decision to be decided by common judgment.
(2.) The present appeals are filed by the original complainant challenging the judgment of acquittal of the respondent/original accused in complaint Other Act Case No. 223/1998/C passed by the learned Judicial Magistrate First Class at Panaji under Sec. 138 of the Negotiable Instruments Act (for short "NI Act") dtd. 13/3/2018.
(3.) The case of the complainant before the Magistrate as per the complaint is that the complainant is a businessman by profession and that the accused no. 1 is a Public Limited Company registered under the Companies Act. It is further his case that the accused nos. 2 and 9 are the directors/authorised signatories of the accused no. 1's company with the accused no. 3 being the Managing Director. Accused nos. 2 to 10 are in charge of and responsible for the business of the company at the time when the loan was taken by accused no. 1 from the complainant. It is further contention of the complainant that the accused nos. 2 to 10 were in charge when the cheque for consideration towards the repayment of a said loan was issued and was signed authorised signatories. Accused persons issued various cheques for consideration received by them towards loan. The details of the said cheques drawn on corporation bank which is subject matter in all twelve appeals are as under:-