AMIT SHARMA Vs. RAMA GOYAL

JUDGEMENT

(1.) This is a petition filed under Sec. 482 Cr.P.C seeking a direction for concurrent running of sentences awarded to the petitioner by learned MM-01, South, NI Act, Saket Courts, Delhi vide order dtd. 17/2/2020 in cases bearing CC Nos. 12459/2018, 12465/2018, 12475/2018 and 13036/2018 all titled as 'Rama Goyal vs. Amit Sharma' under Sec. 138 of the Negotiable Instruments Act.

(2.) The brief facts are that the petitioner owed Rs.28.00 lakhs to the parents of the respondent which was duly accepted by the petitioner and also acknowledged in writing. Subsequently, a settlement was arrived at between the petitioner and respondent wherein the petitioner agreed to pay a sum of Rs.12.00 lakhs to respondent vide his handwritten undertaking dtd. 10/4/2018 and issued 4 cheques of Rs.3.00 lakhs each. All the cheques on presentation were dishonoured and the respondent filed four complaints under Sec. 138 of the Negotiable Instruments Act bearing CC Nos. 12459/2018, 12465/2018, 12475/2018 and 13036/2018.

(3.) Vide 4 separate orders the petitioner was held guilty for violation of Sec. 138 of the Negotiable Instruments Act. Vide judgment dtd. 28/1/2020 and vide order on sentence dtd. 17/2/2020, the petitioner was awarded sentence of 8 months with a fine of Rs.4,50,000.00 and in the event of failure to pay the fine, further imprisonment of three months.