Crl.A. No.-000917-000944 / 2019. SURINDER SINGH DESWAL @ COL. S. S. DESWAL vs VIRENDER GANDHI. Supreme Court, 29-05-2019

Party Name:Crl.A. No.-000917-000944 / 2019. SURINDER SINGH DESWAL @ COL. S. S. DESWAL vs VIRENDER GANDHI. Supreme Court, 29-05-2019
Judgement Date:May 29, 2019
Court:Supreme Court
 
FREE EXCERPT
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS.917-944 OF 2019
(Arising out of SLP(Criminal) Nos. 4948-4975/2019
Surinder Singh Deswal @ Col. S.S.Deswal
and others …Appellants
versus
Virender Gandhi …Respondent
J U D G M E N T
M.R. SHAH, J.
Leave granted.
2. As common question of law and facts arise in this group of
appeals and, as such, all these appeals, arise out of the
impugned common judgment and order passed by the High
Court, are being decided and disposed of together by this
common judgment and order.
3. Feeling aggrieved and dissatisfied with the impugned
common order passed by the High Court of Punjab and Haryana
at Chandigarh, by which the High Court has dismissed the
respective revision applications and has confirmed the order
passed by the first appellate court – learned Additional Sessions
Judge, Panchkula, directing the appellants herein original
1
Digitally signed by
SANJAY KUMAR
Date: 2019.05.29
16:03:26 IST
Reason:
Signature Not Verified
appellants original accused to deposit 25% of the amount of
compensation, in view of the provisions of amended Act No. 20 of
2018 in Section 148 of the Negotiable Instruments Act, 1881
(hereinafter referred to as the ‘N.I. Act’), the original appellants
original accused have preferred the present appeals.
4. The facts leading to the present appeals in nutshell are as
under:
That criminal complaints were filed against the appellants
herein – original accused for the offence under Section 138 of the
N.I. Act. That the said criminal complaints were filed prior to
2.8.2018. That the learned trial Court vide judgment and order
dated 30.10.2018 convicted the appellants for the offence under
Section 138 of the N.I. Act and sentenced them to undergo
imprisonment of two years and to pay cheque amount + 1% as
interest and litigation expenses as fine.
4.1 Feeling aggrieved and dissatisfied with the order of
conviction passed by the learned trial Court, convicting the
appellants – original accused for the offence under Section 138 of
the N.I. Act and the sentence imposed by the learned trial Court,
the appellants – original accused have preferred criminal appeals
before the first appellate Court – learned Additional Sessions
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