PAAM PHARMACEUTICAL DELHI LTD Vs. STATE

JUDGEMENT

(1.) The present writ petition is filed under Sec. 397/401 IPC read with Sec. 482 Cr.P.C. to impugn the order passed by the Court of Additional Sessions Judge and Criminal Appeals bearing No. 29/2008 and 30/2008.

(2.) The respondent no. 2 filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 against the petitioners and Mukesh Bhargav and Prabha Rani Bhargav on the basis of cheque bearing no. 971471 dtd. 21/8/1997 drawn on Punjab National Bank, Civil Lines, Delhi amounting to Rs.1.00 crore which on presentation got dishonoured with remarks 'Exceeds Arrangement'.

(3.) The Court of Shri Sanjay Bansal, Metropolitan Magistrate, Patiala House Courts, vide judgment dtd. 19/5/2008, convicted the petitioners for offences punishable under Sec. 138 read with Sec. 142 of the Negotiable Instruments Act, 1881 and Mukesh Bhargav and Prabha Rani Bhargav were ordered to be acquitted. Thereafter, vide order on sentence dtd. 22/5/2008, the petitioners no. 2 and 3 were sentenced to simple imprisonment for a period of 09 months each and Rs.2.00 crores were awarded as compensation to the respondent no. 2. It was further directed that the petitioners no. 2 and 3 shall pay Rs.50.00 Lakhs each as a part of awarded compensation and the petitioner no. 1 shall pay the balance compensation of Rs.1.00 crore. The petitioners no. 2 and 3 filed the appeals bearing no. 29/2008 and 30/2008 which were dismissed by the Court of Shri S.K. Sarvaria, Additional Sessions Judge-01, South, Patiala House Court vide judgment dtd. 9/2/2009.