STATE Vs. PEC LIMITED AND ANR.

JUDGEMENT

(1.) - The instant revision petitions, i.e., (1) Crl Rev.P. 745/2015, (2) Crl Rev.P. 141/2016, (3) Crl Rev.P. 142/2016, (4) Crl Rev.P. 143/2016, (5) Crl Rev.P. 144/2016, (6) Crl Rev.P. 145/2016, (7) Crl Rev.P. 146/2016, (8) Crl Rev.P. 147/2016, (9) Crl Rev.P. 148/2016, (10) Crl Rev.P. 149/2016, (11) Crl Rev.P. 150/2016, (12) Crl Rev.P. 151/2016, (13) Crl Rev.P. 152/2016, (14) Crl Rev.P. 153/2016, (15) Crl Rev.P. 154/2016, (16) Crl Rev.P. 155/2016, (17) Crl Rev.P. 157/2016 and (18) Crl Rev.P. 158/2016, are arising out of the impugned judgment and order dated 03.11.2015 passed by the Additional Sessions Judge, Patiala House Courts in Crl Apl No 35/2014 thereby rejecting the criminal appeal against the judgment and order on sentence dated 30.05.2014 passed by the Civil Judge-1/MM, New Delhi District in the following 18 complaint cases, i.e., (1) CC No. 894/2011, (2) CC No. 909/2011, (3) CC No. 899/2011, (4) CC No. 903/2011, (5) CC No. 910/2011, (6) CC No. 911/2011, (7) CC No. 906/2011, (8) CC No. 907/2011, (9) CC No. 898/2011, (10) CC No. 905/2011, (11) CC No. 904/2011, (12) CC No. 157/2013, (13) CC No. 902/2011, (14) CC No. 912/2011, (15) CC No. 901/2011, (16) CC No. 900/2011, (17) CC No. 908/2011 and (18) CC No. 897/2011, wherein the revisionists in the above mentioned complaint cases were sentenced to undergo simple imprisonment for one year for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 and were liable to pay a fine of Rs. 51 lakhs as compensation to the respondent/complainant and in default of payment the revisionist no.2 Mr. Satpal Jain was directed to undergo further simple imprisonment for a period of six months.

(2.) The brief facts stated are that the respondent-PEC Limited, registered office at Hansalya, 15, Barakhamba Road, New Delhi - 110001, is a wholly owned public sector company incorporated under the Indian Companies Act, 1956. The respondent/complainant company is in the business of exports, imports, deemed exports, third country trading, arranging finance, logistics, project exports and management. The respondent company had filed 18 complaint cases under Sec. 138 read with 141 of Negotiable Instruments Act, 1881 qua against the present revisionists and two other persons, i.e., Ms. Shakuntala Mittal and Mr. Ajay Jain (Directors of M/s Shree Sainath Wires Pvt.Ltd.).

(3.) It is stated that revisionist no.1 company i.e., Shree Sainath Wires Pvt. Ltd. & Anr., is in the business of manufacture, supply and export of M.S. & G.I. Wires and the revisionist no. 2 i.e., Mr. Satpal Jain is the Managing Director of the said company. Thereafter, the revisionist approached the respondent for assistance to effect import of 5050 MT(+-5%) and 1350 MT (+-5%) of Prime Hot Rolled Wire Rods from M/s Rizhao Steel Wires Co. Ltd. and Ever Gain International Corporation, Hong Kong respectively. The respondent/complainant, at New Delhi, entered into two agreements dated 18.03.2008 and 03.04.2008, described as 'Associateship Agreements' to effect import of the said goods from the foreign suppliers.