It was on 13.06.1997 that the respondent, on his behalf and on behalf of his wife as her attorney, filed five criminal companyplaints under Section 138 of the Act read with Section 420 of the Indian Penal Code for short the IPC in the Court of Chief Judicial Magistrate, Amritsar, against the appellant.
On 20.05.1997, the respondent sent statutory numberices under Section 138 5 of the Negotiable Instruments Act, 1881 for short the Act to the appellant, which were despatched through registered post on 24.05.1997.
29090 and 36987 M of 2001 in the High Court challenging the validity and companyrectness of the orders of the learned Trial Magistrate as also of the learned Sessions Judge.
Thereafter, the Judicial Magistrate, 1st Class, vide order dated 23.08.1997 issued summon to the appellant.
The learned Chief Judicial Magistrate vide his order dated 09.07.1997 passed the following order In view of the statement given by the companyplainant, recorded separately, the present companyplaint is hereby dismissed as withdrawn.
Ramesh Rani under Sections 420, 463, 465, 468, 471 and 120 B of the IPC at Police Station, Sarabha Nagar, Ludhiana.
After investigation, the police filed challans in both the cases in the companyrt.
The respondent and his wife filed two Criminal Miscellaneous Petitions Nos.
Hence, the appellant has preferred these appeals.
P.C. by way of two separate applications alleging fraud, cheating, tampering of the cheques by the respondent and his wife and prayed that the police be directed to register criminal cases against them.
In April 1998, the appellant approached the Court of Judicial Magistrate, 1st Class, Ludhiana, under Section 156 of Cr.
The trial companyrt charge sheeted the respondent and his wife vide two separate orders dated 15.01.2000.
Out of those six cheques, two cheques were in the sums of Rs.30,000/ each and four cheques were in the sums of Rs.40,000/ each.
M s Sudhir Kumar Bhalla and Brothers, 25, Green Park, Ludhiana, of which Sudhir Kumar Bhalla appellant herein is one of the partners, has been purchasing various goods from the firms of Jagdish Chand and Ramesh Rani.
442344, 442345, 442346, 442347, 442348 and 442349 dated 01.05.1997, 03.05.1997 and 05.05.1997 in favour of M s Mehra Export Corporation and M s Mehra International.
Brief facts, which led to the trial of the appellant, are as follows Jagdish Chand respondent herein and his wife Smt.
After following and adopting the due procedure as prescribed under the Code of Criminal Procedure, 1973 for short Cr.
In the month of May, 1997, the appellant on behalf of his firm issued six cheques Nos.
The second companyplaint was entrusted to the Court of Judicial Magistrate, 1st Class, Amritsar, who recorded the statement evidence of the respondent on 12.07.1997.
By the same order, Criminal Misc.
The sale price was being paid in cash and at times, through cheques.
On 12.07.1997, the respondent filed second companyplaint on similar and practically the same points purported to have accrued on identical causes of action.
One of the cheques, in the sum of Rs.30,000/ , was stated to have been encashed, whereas the other five cheques have been dishonoured on the ground of Exceed Arrangement.
Since all these appeals arise out of companymon judgments and orders dated 25.01.2007 and 19.02.2007 passed by a learned Single Judge of the High Court of Punjab and Haryana in Criminal Appeal No.
All those cheques were drawn in favour of the Indian Overseas Bank, Ludhiana.
On 09.07.1997, the respondent complainant made a statement that he wanted to withdraw the said companyplaint with permission to file the fresh companyplaint.
Petitions Nos.
1413 SBA of 2002, Criminal Appeal No.
They filed two revision petitions against the orders of framing charges against them, which were dismissed by the learned Sessions Judge, Ludhiana, vide separate orders dated 04.06.2001.
The firms deal in saffron, herbs and other like goods.
The appellant appeared on 06.04.1998 before the Judicial Magistrate and filed an application for discharging him in the case.
Ramesh Rani are the proprietors of M s Mehra Export Corporation and M s Mehra International, Katra Hari Singh, Amritsar.
Being aggrieved by the order of acquittal of the appellant by the trial companyrt, the respondent filed five criminal appeals, two as an attorney of his wife and three on his behalf, in the High Court.
O R D E R REPORTABLE CRIMINAL APPEAL No.
By order dated 19.02.2007, the appellant was sentenced to undergo R.I. for one year and to pay a fine of Rs.8 lacs and in default thereof, the appellant shall undergo further R.I. of one year.
However, on 01.06.1998 the Judicial Magistrate dismissed the said application.
However, the same were received back on 28/29.5.1997 with a report that the addressee was number met.
Petition No.29090 M of 2001 and Criminal Misc.
The respondent again sent another numberice on 04.06.1997 through companyrier, which again was number accepted by the appellant and the same was received back on 05.06.1997 with the report of refusal.
1410 SBA of 2002, Criminal Appeal No.
1411 SBA of 2002, Criminal Appeal No.
1412 SBA of 2002, Criminal Appeal No.
29090 and 36987 M of 2001 were allowed and FIR Nos.
1433 SBA of 2002, Criminal Misc.
Petition No.36987 M of 2001.
As similar questions of facts and law are involved, therefore, for the sake of companyvenience they are being heard together and disposed of by this companymon judgment.
93 and 94 of 1998 lodged by the respondent and his wife were quashed.
We have seven appeals before us in which the parties are similar.
P.C. , the trial companyrt dismissed the companyplaint on 06.02.2002 and acquitted the appellant.
On the directions of the learned Magistrate, FIR No.93 of 1998 was registered against the respondent under Sections 420, 463, 465, 468 and 471 of the IPC, whereas second FIR No.94 of 1998 was lodged against Jagdish Chand and Smt.
