SHIVA INTERNATIONAL Vs. BALVIR SINGH MULTANI

JUDGEMENT

(1.) This common order shall dispose of all the three criminal revision petitions i.e. CRR-120-2019, filed by M/s Shiva International through its Proprietor Shyam Sunder Bansal Vs. Balvir Singh Multani and U.T. Chandigarh and CRR-115-2019 and CRR-116-2019 both filed by M/s Balaji Enterprises through its Proprietor Hitesh Bansal and Hitesh Bansal Vs. Sonia Multani and U.T. Chandigarh.

(2.) Mr. Balvir Singh Multani and Sonia Multani, who are the complainants/respondents in the above said cases are husband and wife. Hitesh Bansal, proprietor of M/s Balaji Enterpreises is the son of Shyam Sunder Bansal, who is the proprietor of M/s Shiva International. Complaint No.1527 of 2016 was filed by Balvir Singh Multani against Ms/ Shiv International and Shyam Sunder Bansal with respect to the dishonor of cheque No.018873 dtd. 7/12/2015 for a sum of Rs.17,325.00 drawn on Bank of Maharashtra, Sector 47-C, Chandigarh in which the Judicial Magistrate First Class, Chandigarh vide judgment dtd. 21/7/2017 convicted the above-said Shyam Sunder Bansal and M/s Shiva International under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'the Act of 1881) and sentenced Shyam Sunder Bansal to undergo rigorous imprisonment for a period of 06 months and also directed them to pay compensation of the amount of Rs.17,325.00. The Criminal Appeal No.471, filed by the above-said M/s Shiva International and Shyam Sunder Bansal, was then dismissed by the Additional Sessions Judge, Chandigarh vide judgment dtd. 8/1/2019. Against the said orders, CRR-120-2019 has been filed by the petitioners for setting aside the judgment and sentence of conviction.

(3.) Complaint No. 1526 of 2016 was filed by Sonia Multani against M/s Balaji Enterprises and its proprietor Hitesh Bansal for the dishonor of cheque No.020510 dtd. 7/12/2015 for a sum of Rs.17,325.00 drawn on Bank of Maharashtra, Sector 47-C, Chandigarh and the Judicial Magistrate First Class, Chandigarh vide judgment dtd. 21/7/2017 passed an order of conviction under Sec. 138 of the Act of 1881 and sentenced Hitesh Bansal to undergo rigorous imprisonment for a period of 06 months and also directed them to pay compensation of the amount of Rs.17,325.00. The criminal appeal No.476 of 2017 filed against the said order was dismissed by the Additional Sessions Judge, Chandigarh vide judgment dtd. 8/1/2019. Against the said judgments, CRR-115-2019 has been filed.