JUDGMENT

Britto N.A., J. —This revision is filed by the accused and is directed against the judgment dated 13.11.2006 of the learned Additional Sessions Judge, Panaji, by which the conviction and sentence imposed upon the accused under Section 138 of the Negotiable Instruments Act, 1881 (Act, for short) has been confirmed.

2. The short point arising for consideration in this revision is whether a complaint filed by one of the Directors of the Complainant Company was maintainable under Section 142(a) of the Act?

3. A few facts are required to be stated to dispose of this revision.

4. The parties hereto shall be referred to in the names as they appear in the cause title of the complaint.

5. The Complainant is a Company incorporated under the Companies Act, 1956 and the complaint on behalf of the Company was filed by Shri Prashant Shirodkar styling himself to be a Director of the said complainant. The said complaint was filed with the allegation that the accused was in their employment and was in-charge of their shop at Canacona. As per the complainant, the accused had issued a cheque to the Complainant bearing No.032196 dated 4.3.1997 for a sum of Rs. 71,850 drawn on the Goa State Co