Judgment

1. Being aggrieved by the judgment dated 28.11.2008 passed by XVIth Additional Sessions Judge, (Fast Track), Indore in Cr.A. No. 786/07 whereby the judgment dated 19.9.2007 passed by JMFC, Indore in Criminal Case No. 33244/07 whereby the petitioners were convicted for an offence punishable under Section 138 of Negotiable Instruments Act (which shall be referred hereinafter as an “Act”) with fine of Rs. 30,000/- each and in case of default petitioner No. 2 was directed to be convicted for a period of three months SI, the present petition has been filed.

2. Short facts of the case are that a private complaint was filed by the respondent No. 1 under Section 138 of the Act on 24.6.2002 wherein it was alleged that petitioner No. 1 is a private company incorporated and registered under the Companies Act and petitioner No. 2 and Mrs. Anne Reena George are its Managing Director and Director. It was alleged that petitioner No. 1 Company is indulged in the business of construction of house and complexes. It was alleged that on 18.9.2001 on the request of petitioners respondent supplied for Steel and M.S. Round to the petitioner Company vide bill dated 18.9.2001. The goods were transpo