S. B. Sinha, J. - (1.) Leave granted in SLPs.
(2.) Two cheques dated 23.6.2001 and 30.6.2001 for a sum of Rs. 1,24,406/- each were issued in favour of the Respondent allegedly on behalf of a company known as Karnataka News Net (Bangalore) Ltd. The Appellants herein were not directors of the said company at the material time. Two complaint petitions were filed by the Respondent herein before the Addl. Chief Metropolitan Magistrate, Bangalore wherein Appellants were described as Accused Nos. 6 and 8. In the said complaint petitions, it was categorically stated that the company which had been dealing with imparting of computer education in rural areas represented by its Managing Director, Chairman,Vice-Chairman and other Directors borrowed a sum of Rs. 2,25,000/- from the Respondent on an interest of 24% per annum. Towards payment of the said loan, the accused had issued two cheques on 23.6.2001 and 30.6.2001 for a sum of Rs. 1,24,406/- each which upon being presented were dishonoured as the company did not have sufficient fund. In the complaint petition, it was averred: "7) The complainant submits that the accused persons have failed to clear the liability. The accused being Company and all the directors are responsible for the clearance of liability under Section 141 of the N.I. Act and the acts and deeds of the accused persons is punishable under Section 138 of N.I. Act." In support of the said complaint petition, one Ravidraradya, son of the complainant filed a sworn affidavit stating: "The accused No. 2 is the M.D. and others are Chairman and partners. The accused-company towards repayment of the loan, issued a cheque in favour of the complainant. The M.D. signed and issued the cheque dated 23.6.2001 for Rs. 1,24,406/- on the account maintained by the company. On presentation of the said cheque to the Bank for collection, the same was returned on 30.6.2001 as insufficient funds. Notice dated 12.7.2001 was issued through Advocate to the accused was served on 13.7.2001. The case was filed on 27.8.2001. . . . . ."
(3.) Processes were directed to be issued on the said statement for alleged commission of an offence under Section 138 of the Negotiable Instruments Act.;