SURINDER SINGH DESWAL Vs. VIRENDER GANDHI
SUPREME COURT OF INDIA
Surinder Singh Deswal
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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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