UDAY UMESH LALIT,J. - (1.) Leave granted in all the matters.
(2.) Since similar questions arise in all these matters, they are being disposed of by this common Judgment. The matters can be broadly classified in three categories. We have taken Criminal Appeal arising from Special Leave Petition (Crl.) No.9196 of 2017, Criminal Appeal arising from Special Leave Petition (Crl.) No.9029 of 2017 and Criminal Appeal arising from Special Leave Petition (Crl.) No.9409 of 2017 to be the lead matters representing each of those three categories. The facts leading to the filing of said appeals are set out in detail hereunder:- A. Criminal Appeal @ SLP(Crl) No.9196 of 2017
(3.) Under an agreement dated 29.03.2014 entered into between the appellant and Bihar State Food and Civil Supplies Corporation Ltd. (hereinafter referred to as "the Corporation") the appellant undertook to mill paddy procured from District Office of the Corporation as per terms and conditions mentioned in the agreement. Clause 2 of the agreement was as under: "That the Second Party with a monthly milling capacity of 400 MT of paddy shall furnish a bank guarantee equivalent to the value of paddy issued to him by the First Party for milling in the current procurement season and in case, he is issued an additional quantity of paddy for milling he shall to furnish an additional bank guarantee equivalent to the value of the amount of the additional paddy issued to him by the First Party. In case he is capable of furnishing the above mentioned bank guarantee(s), he shall pledge unencumbered immovable property belonging to him in the name of District Manager, Kaimur of the same amount or more, as certified by the competent authority Circle Officer/Sub-Divisional Officer. In the prescribed manner, for the entire value of paddy as per his milling capacity. However it will be mandatory for the Second Party to provide a minimum bank guarantee as per the milling capacity enumerated in the table below: JUDGEMENT_89_LAWS(SC)8_2018_1.html The said bank guarantee of Rs. Five Lakh Rupees (amount in words) issued in favour of the District Manager, Bihar State Food and Civil Supplies Corporation Ltd., Kaimur vide Serial No. at BG No.2696IG-002214 issued by P.N.B. Bank Akerhi Branch Mohania, Kaimur District has been submitted by the Second Party.";