CHANDER PARKASH GUPTA Vs. VIJAY KUMAR SINGLA

JUDGEMENT

(1.) Prayer in the present petition filed under Sec. 482 of Cr.P.C. is for quashing of Order dtd. 17.03.2021 (Annexure P-6) as well as Order dtd. 22.07.2021 (Annexure P-7) passed by the Additional Sessions Judge, Hisar in CRA-557-2017 titled as Chander Parkash Vs. Vijay, vide which the present Petitioner who has been convicted under Sec. 138 of the Negotiable Instruments Act, 1881 (hereinafter to be referred to as "the Act of 1881") has been directed to deposit 20% of the compensation amount within 60 days, in view of the amended provisions of Sec. 148 of the 1881 Act and also in view of the law laid down by the Hon'ble Apex Court in Criminal Appeal No. 917-944 of 2019, decided on 29.05.2019 titled as "Surinder Singh Deswal and others versus Virender Gandhi".

(2.) The brief facts of the present case are that the respondent had filed a complaint under Sec. 138 of the Negotiable Instruments Act, 1881 against the present petitioner namely Chander Parkash Gupta and one Seema Gupta, who has also independently filed a petition under Sec. 482 Vide judgment dtd. 10.10.2017, the present petitioner and Seema Gupta were held guilty for the commission of offence under Sec. 138 of the Act of 1881 and on 11.10.2017, both the convicts were sentenced to undergo imprisonment for a period of two years each and to pay double the amount of the cheque. The compensation, thus, awarded was to the tune of Rs.1,50,00,000/-.

(3.) Two separate appeals were filed against the said judgment of conviction, one by the present petitioner and the other by Seema Gupta. On 07.11.2017, the sentence of the present petitioner was suspended.