NARESH BHARDWAJ Vs. BAJRANG DASS JAIN AND OTHERS

JUDGEMENT

(1.) Respondents No. 1 and 2 had faced the trial in complaint filed by the applicant under Section 138 of the Negotiable Instruments Act, 1881 ('Act' for short) along with respondents No. 3 to 5. The Trial Court vide judgment dated 4.12.2006 acquitted respondents No. 1 and 2 of the charges framed against them. So far as respondents No. 3 to 5 are concerned, they were convicted qua commission of offence punishable under Section 138 of the Act. Hence, the present application under Section 378(5) of the Code of Criminal Procedure, 1973 praying for leave to appeal by the complainant.

(2.) Learned counsel for the applicant has submitted that respondents No. 1 and 2 were Directors of respondent No. 3. Hence, they were also liable to be convicted qua commission of offence punishable under Section 138 of the Act.

(3.) In the present case, applicant had filed the complaint under Section 138 of the Act with regard to dishonour of five cheques in question in the sum of ' 23,03,712/-. The Trial Court ordered the acquittal of respondents No. 1 and 2 as they were not signatories to the cheques in question. The Court further held that the complainant had failed to establish that respondents No. 1 and 2 were also liable for day-today affairs of the company at the relevant time. The reasons given by the Trial Court while ordering the acquittal of respondents No. 1 and 2, are sound reasons and call for no interference.