Two cheques of total Rs.157000/- were bounced signed by me for pvt ltd co. The notice was sent to me in personal capacity only not to the company. During the trial company was also impleaded but the complainant has said in his evidence that he has never demanded the amount from the company and never sent any notice to co. The prosecution council cited the case of Anil Hada and the court relied on it and gave a sentence of two years and 2 Lac penalty. The said order has already been overruled by Anita Hada case and our counsel had submitted the copy to the trial court also but it was not mentioned in the order. The citation clearly mentions that it is sine que for the company to be prosecuted.
Have appealed in sessions but here also DJ is pressurizing for compromise. I am even willing to pay the cheque due amount but complainant is asking other amounts also which are not related to this case, that too in front of DJ. Please suggest as the date of argument is after 15 days only.
Thanks
J Shashank