SIMARPAL SINGH WADHAWAN Vs. DINESH STEEL

JUDGEMENT

(1.) Three criminal revision petitions are filed aggrieved of the impugned orders dtd. 6/10/2021. The prayer for waiver of pre-deposit under Sec. 148 of the Negotiable Instruments Act, 1881 [for brevity 'the Act'] was rejected. The petitioners were directed to deposit 1/3rd each of 20% of the compensation within a period of one month failing which order of suspension of sentence would be recalled.

(2.) Brief facts of the case are that complainant M/s Dinesh Steel was supplying raw material to M/s Klassic Industries [for short 'firm'] on credit basis, on the agreed terms and conditions. During the course of business an amount of Rs.71,49,773.00 was due from firm for the goods supplied, a cheque was issued under the signatures of Manjit Kaur, Partner of firm. On presentation, the cheque was dishonoured due to insufficient funds. After serving the legal notice, complaint under Sec. 138 of the Act was filed. Vide judgment dtd. 3/3/2020, the accused were convicted under Sec. 138 of the Act. Vide order dtd. 8/10/2020, Simarpal Singh Wadhawan, Sarabjeet Singh Wadhawan and Manjit Kaur were sentenced to undergo simple imprisonment for one year and the accused were directed to pay compensation of Rs.1,05,00,000.00.

(3.) Aggrieved of the conviction, appeals were filed alongwith applications for suspension of sentence with the prayer for waiver of condition of pre-deposit. Vide order dtd. 6/1/2021, sentence was suspended subject to furnishing bail bonds of Rs.1,00,000.00 and making pre-deposit of 20% of the compensation amount within a period of one month.