VINOD MANGLA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present criminal revision petitions are filed under Sec. 397/401 Cr.P.C. read with Sec. 482/483 Cr.P.C. to set aside the judgment and order dtd. 14/3/2017 passed by Shri Sunil K. Aggarwal, Additional Sessions Judge-04, North-West District, Rohini Courts, Delhi in Criminal Appeals bearing no.19169/2016 titled as Jai Ram Singh V Vinod Mangla and 19168/2016 titled as Jai Ram Singh V Vivek Mangla.

(2.) Jai Ram Singh (hereinafter referred to as the 'accused') issued two cheques bearing no. 999124 dtd. 20/8/2011 and 203550 dtd. 29/5/2011 amounting to Rs.2,50,000.00 and Rs.1,50,000.00 drawn on Punjab National Bank, Sainik Vihar, Delhi-110034 in favour of Vinod Mangla and Vivek Mangla (hereinafter referred to as the 'complainants'), towards discharge of liability and the said cheques were got dishonoured when presented for encashment on the ground of 'funds insufficient' vide return memo dtd. 16/2/2012 and 5/12/2011, respectively.

(3.) The complainants being aggrieved, filed complaints under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as the 'NI Act') bearing CC no.6068/16 titled as Vinod Mangla V Jai Ram Singh and bearing CC no. 5915/16 titled as Vivek Mangla V Jai Ram Singh. The Court of Ms. Meenu Kaushik, MM, North-West District, Rohini Courts, Delhi vide judgment dtd. 31/5/2016, convicted the accused for the offence punishable under Sec. 138 of the NI Act and vide order on sentence dtd. 8/6/2016, sentenced the accused for simple imprisonment for one-year and further directed to pay compensation of Rs.3,50,000.00 to the complainants and in default of payment of compensation, to further undergo simple imprisonment for a period of 06 months.