PARDEEP KUMAR Vs. MANOJ GUPTA

JUDGEMENT

(1.) PRESENT revision petition has been filed by Pardeep Kumar resident of D-151, Industrial Area, Phase-I, Mohali, District Ropar. In the present revision petition, two legal questions have been raised, (i) whether an Attorney of the firm, who had drawn the cheques, can be held responsible and guilty of the offence without impleading the firm and proprietor of the firm as an accused, and (ii) whether without any averment made to the effect that Attorney was in-charge of the affairs of the firm and was responsible for day to day affairs, can he be convicted under Section 138 of The Negotiable Instruments Act in view of ratio of law laid down by Hon'ble Apex Court in K. Srikanth Singh v. M/s. North East Securities Ltd. and another 2007(3) RCR (Criminal) 934 : 2007(4) R.A.J. 226.

(2.) BEFORE these questions are taken into consideration and answered, brief facts of the case can be gathered.

(3.) THAT you issued the following cheques : 1) No. 0784513 dt. 10.11.89 for Rs. 10,000/- payable at Vijay Bank, Chandigarh. 2) No. 0784535 dt. 15.3.90 of Rs. 10,000/- 3) No. 0784565 dt. 20.3.90 of Rs. 10,000/- 4) No. 0784566 dt. 31.3.90 of Rs. 10,000/-