MANGAL Vs. KAILASH CHANDER AND ORS.

JUDGEMENT

(1.) Petitioner-Mangal has filed this petition under Section 482 read with Section 427 Code of Criminal Procedure for modification of the sentence awarded by trial Court in two different complaint cases under Section 138 Negotiable Instruments Act, 1881, bearing Nos.2025-II-2017 and 2026-II-2017, both titled as "Kailash Chander Vs. Mangal" and decided by way of separate judgment(s) of conviction and order(s) of sentence dated 09.10.2018. While holding the accused guilty, the trial Court awarded him sentence of six months simple imprisonment in each case and also directed the convict to pay the compensation equivalent to the cheque amount.

(2.) The facts in brief leading to the present petition are that complainant (respondent) had filed two different complaints for dishonour of two cheques bearing Nos.709448 and 709449 for a sum of Rs.1,00,000/- and 1,20,000/-, respectively, which were issued by petitioner towards discharge of the liability of Rs.2,20,000/-. According to the complainant, a car bearing No.HR 26-AL-2789 owned by him was offered for sale and brother of accused, namely, Padam Kumar agreed to purchase the said vehicle for total sale consideration of Rs.2,40,000/-.

(3.) A sum of Rs.20,000/- was paid to the complainant in the presence of witness-Balwan Singh r/o V.P.O Neoli Kalan and the petitioner being guarantor issued the above mentioned cheques in favour of the complainant as a security against remaining sale consideration which was to be paid by purchaser in a specified time. At the time of the said deal, the possession of the vehicle was handed over to the purchaser, however, after passing of the considerable time, when complainant demanded the remaining sale consideration of Rs.2,20,000/-, the accused asked him to present both the cheques for encashment. Upon presentation, the cheques were dishonoured on account of insufficient funds and the bank sent the intimation to the complainant through its memo dated 05.08.2017. A legal noticed dated 14.08.2017 was served upon the accused by the complainant, however, the demand made by him was not met with, as no amount was paid by the accused. On this cause of action, the complainant filed two separate complaints under Section 138 Negotiable Instruments Act, 1881.