SURINDER SINGH DESWAL Vs. VIRENDER GANDHI
LAWS(SC)-2020-1-13
SUPREME COURT OF INDIA
Decided on January 08,2020

Surinder Singh Deswal Appellant
VERSUS
Virender Gandhi Respondents





Cited Judgements :-

SREEKANDAN NAIR S. VS. STATE OF KERALA [LAWS(KER)-2020-2-381] [REFERRED TO]
JAGPAL SINGH VS. STATE OF HARYANA [LAWS(P&H)-2020-2-309] [REFERRED TO]
SUNIL KUMAR VS. STATE OF BIHAR [LAWS(PAT)-2022-5-2] [REFERRED TO]
M/S AJJU MINES AND MINERALS VS. M/S JSC ISPAT PRIVATE LIMITED [LAWS(P&H)-2021-2-59] [REFERRED TO]
BOLIN BORGOHAIN VS. STATE OF ASSAM [LAWS(GAU)-2020-5-55] [REFERRED TO]
ASHWIN ASHOKRAO KAROKAR VS. LAXMIKANT GOVIND JOSHI [LAWS(BOM)-2022-7-38] [REFERRED TO]
SURYODHAN TYAGI PROPREIETER OF TYAGI TENT HOUSE VS. TIRENDER SHARMA [LAWS(DLH)-2022-1-242] [REFERRED TO]
JIJU VS. JESTO P. PAPPACHAN [LAWS(KER)-2020-3-51] [REFERRED TO]
SHAIL JIJU VS. BIJU JOSEPH [LAWS(KER)-2020-3-53] [REFERRED TO]


JUDGEMENT

ASHOK BHUSHAN,J. - (1.)These appeals have been filed against a common judgment of the Punjab and Haryana High Court dated 10.09.2019 dismissing 28 petitions filed by the appellants under Section 482 of Cr.P.C.
(2.)Brief facts of the case giving rise to these appeals are:
Appellant Nos. 1 and 2 are partners of appellant No.3, M/s. Bhoomi Infrastructure Co., now known as GLM Infratech Private Limited. Respondent No.1, Virender Gandhi, who was also a partner of the Firm retired with respect of which Memorandum of Understanding dated 30.11.2013 was entered into. A cheque No.665643 dated 31.03.2014drawn on Canara Bank amounting to Rs.45,84,915/- was issued by the appellant to respondent No.1 against the part payment of the retirement dues. Similarly, 63 other cheques were issued by the appellants in favour of respondent arising out of the same transaction. On 06.04.2015, respondent No.1 deposited cheque No.665643in his Bank that is Karnataka Bank Ltd., Sector-11, Panchkula. The cheque was dishonoured and returned vide memo dated 07.04.2015 with the remarks "funds insufficient".Other 63 cheques were also dishonoured.

(3.)Respondent No.1 sent the statutory demand notice under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "NI Act") on 06.05.2015. Complaints were filed by respondent No.1 against the appellants under Section 138 of the NI Act before the Judicial Magistrate, Ist Class, Panchkula. In all 28 complaints were filed. The complaints were decided by Judicial Magistrate vide his judgment dated 30.10.2018 holding the appellant Nos.1 and 2 guilty for the offence punishable under Section 138 of the NI Act, who were accordingly convicted. By order dated 13.11.2018 the appellants were sentenced to undergo imprisonment for a period of two years and to pay jointly and severally an amount equal to the amount involved in the present case i.e. cheque amount plus 1% of this amount as interest as well as litigation expenses.
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