JUDGMENT

S.B. Sinha, J. — Leave granted.

2. This appeal is directed against a judgment and order dated 13.07.2005 passed by a learned Single Judge of the Delhi High Court in Criminal M.C. Nos. 3690 and 3691 of 2001.

3. Respondent Nos. 2 and 3 herein are Chairman and Managing Director of a Company known as ‘Dalmia Industries Ltd.’, (The Company) which is registered and incorporated under the Companies Act, 1956. It was arrayed as Accused No. 6 in the complaint petition.

4. The Company is engaged in the business of advertising and publicity. By an agreement dated 17.07.1995, the Company as also Accused No. 6 entered into an agreement in terms whereof the Company was appointed as advertising and publicity agents of Accused No. 6 in respect of their various products on the terms and conditions contained therein. Allegedly, the Company carried out various jobs and releases between the period July, 1997 and December, 1997. It raised bills to the extent of Rs. 2,59,21,053.37 for the work executed by it. On 14.11.1997, Accused No. 6 issued various post dated cheques allegedly towards part payment of the said dues which on presentation to the bank on 6.04.1998 admittedly were dishonoured