SUDARSHAN KUMAR Vs. MANISH MANCHANDA

JUDGEMENT

(1.) The above mentioned three petitions are being taken up together as a common question of law is involved therein.

(2.) The petitioners in all the three cases were arrayed as accused in three different complaints filed against them by respondent/complainant Manish Manchanda under Section 138 of Negotiable Instruments Act, 1881 (hereinafter referred to as the 'Act'), alleging therein that the cheques drawn by the accused, upon their presentation in the bank by the complainant for their encashment were dishonoured. The accused were tried by the Court of Judicial Magistrate First Class, Ludhiana and were found guilty and were imposed sentence of rigorous imprisonment for one year in each of the three cases and were also directed to pay compensation. The petitioners/accused, being aggrieved by the judgements holding them guilty preferred appeals in the Court of Sessions wherein at the time of the admission of appeals, the impugned orders dated 28.2.2020 (Annexure P-3 in all the cases) were passed. Since the impugned orders are absolutely identical, one such order as annexed in CRM-M-15131-2020 is reproduced herein below :

(3.) The learned counsel while assailing the impugned orders dated 28.2.2020 has raised the following three submissions: