DEEPAK BHATIA Vs. VIRENDER SINGH

JUDGEMENT

(1.) THE revisionist has challenged the judgment and order of conviction dated 20.5.2014/28.5.2014 passed by the Metropolitan Magistrate whereby he has been convicted under Section 138 of the Negotiable Instruments Act and has been sentenced to undergo Rigorous Imprisonment for four months and has been directed to pay compensation under Section 357(3) of Cr.P.C amounting to Rs. 1,51,000/ - to the respondent and in default of payment of compensation, to suffer Simple Imprisonment of 15 days. The petitioner has also assailed the judgment and order passed in C.A. No. 43/14 passed by the ASJ -01, Patiala House Courts, New Delhi by which the Trial Court Judgment has been confirmed and upheld.

(2.) THE respondent has filed as many as 23 complaint cases against the petitioner for his prosecution for the offence under Section 138 of the Negotiable Instrument Act. In the aforesaid 23 complaint cases various cheques were said to have been issued which were dishonoured on presentation. They are extracted as hereunder: -

(3.) THE aforesaid judgment and orders of acquittal were challenged by the respondent by preferring separate sets of appeal before the High Court of Delhi. All such leave of appeals were granted and there was a direction for registration of the Criminal Appeals Nos. 461 to 483/2013. Thereafter, analysing Section 3 of the Act of 1938 this Court held that the learned Metropolitan Magistrate was in error in holding that the complaints were barred under the provisions of the Act of 1938. Thus all the cases were remanded to the Court of the Metropolitan Magistrate for writing out a fresh judgment in accordance with law.