Criminal Rev. P. 355/2009. Case: Laxmi Cable Co. and Anr. Vs The State and Anr.. High Court of Delhi (India)
| Case Number | Criminal Rev. P. 355/2009 |
| Counsel | For Appellant: Siddharth Luthra, Sr. Adv. and K.S. Negi, Adv. and For Respondents: Pawan Behl, APP and Vijay Kumar Gupta, Adv. |
| Judges | P.K. Bhasin, J. |
| Issue | Negotiable Instruments Act, 1881 - Sections 118, 138 and 139; Code of Criminal Procedure, 1973 - Sections 397, 401 and 482 |
| Citation | AIR 2011 Del 308 |
| Judgement Date | August 25, 2010 |
| Court | High Court of Delhi (India) |
Judgment:
P.K. Bhasin, J.
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The petitioners having failed in the appeals filed by them against their convictions and punishments awarded to them by the Additional Chief Metropolitan Magistrate under Section 138 of the Negotiable Instruments Act, 1881 in two separate complaint cases have now approached this Court by filing this petition under Section 397 read with Sections 401 and 482 of the Code of Criminal Procedure, 1973.
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The relevant facts may, at the outset, be noticed. Petitioner No. 1 is a partnership firm and petitioner No. 2 is one of its partners. The respondent No. 2 herein, Rajesh Jain, had filed two criminal complaints (being complaint cases No. 76/2006 & 77/2006) against the petitioners for the commission of offence punishable under Section 138 of the Negotiable Instruments Act, 1881 on the allegations that he had business dealings with them for about 20 years during which period he had been supplying cable wires to them and had also been doing job work for them on credit basis. During the course of business dealings between them a sum of Rs. 1.5 crore became payable by the accused to the complainant which liability the petitioner No. 2 acknowledged also in writing by executing a promissory note. Thereafter, towards part discharge of that liability the petitioners had issued two cheques dated 15th November, 2005 and 30th November, 2005 for Rs. 15 lacs each in favour of the complainant and one cheque for Rs. 9lacs but all the three cheques were dishonoured by the petitioners' bank on account of funds being insufficient in their account and the petitioners had failed to make the payment of the three dishonoured cheques despite having been served with the statutory demand notice.
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In respect of the two cheques for Rs. 15 lacs each complaint case No. 76/2006 was filed while a separate complaint was filed in respect of the cheque for Rs. 9 lacs and the same was complaint case No. 77/2006. Both the complaints resulted in the conviction of the petitioners vide common judgment dated 30th October, 2007. Sentence of simple imprisonment of six months was imposed upon petitioner No. 2 herein and compensation of Rs. 45 lacs with a default stipulation of further simple imprisonment of three months was also awarded vide order dated 13th November,2007 passed by the learned Additional Chief Metropolitan Magistrate in complaint case No. 76/2006 and in the complaint case No. 77/2006 petitioner No. 2 herein was awarded simple imprisonment of three months and was also directed to pay compensation of Rs. 14 lacs to the complainant and in default to undergo further simple imprisonment of three months and then the compensation was ordered to be recovered as arrear of land...
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