JUDGMENT

Arijit Pasayat, J.-An interesting question in the background of Clause (b) of the proviso to Section 138 of the Negotiable Instruments Act, 1881 (in short the Act ) arises in these appeals.

2. Filtering out unnecessary details the background facts are as follows :

Appellant-Dr. K.G. Ramachandra Gupta (in Crl. A.No. 1137/2001) and his wife, Smt. K.R. Indira, (appellant in Crl.A.No. 1136/2001) filed complaints alleging that the respondent - Dr. G. Adinarayana, a friend of the appellant- Dr. K.G. Ramachandra Gupta acted in a manner unbecoming of a friend. In essence, two doctors were trying to use instruments in fighting out a bitter legal battle and not trying to save a person fighting for life. Three separate complaints were filed alleging that loans were advanced by the appellants to the respondent for which he executed pronotes with a view to ensure repayment of loans with interest. Four cheques were issued, two in the name of the husband and two in the name of the wife. As the cheques bounced when presented for collection with an endorsement not arranged for , notices were issued calling upon the accused-respondent to pay the cheque amounts within 15 days from the receipt