VINAY KUMAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Memo of appearance filed on behalf of respondent No. 2 is taken on record.

(2.) Through this petition under Sec. 482 Cr.P.C. prayer has been made for quashing of impugned orders dtd. 18/5/2022 and 6/8/2022 (Annexures P-3 and P-4, respectively) passed by learned Additional Sessions Judge, Hisar, in Criminal Appeal No. 153 of 2022 filed against the judgment of conviction and order of sentence dtd. 2/5/2022 (Annexure P-2) rendered by the Judicial Magistrate 1st Class, Hisar, in Criminal Complaint No. 706-H dtd. 6/10/2020 titled'M/s Sidhant Motors Pvt. Ltd. Vs. Vinay Kumar' filed under Sec. 138 of the Negotiable Instruments Act, 1881 (for short'the NI Act'), vide which the petitioner was directed to deposit 20% of the compensation amount awarded by the trial Court within a period of 60 days in view of Sec. 148 of the NI Act.

(3.) Brief facts of the case are that complainant-company (respondent No. 2 herein) deals in sales and repairs of motor vehicles and petitioner-accused was working as Store In-charge in the company from very long time. During audit of the store, the parts worth Rs.30,00,000.00were found missing. The petitioner admitted in writing his liability to pay Rs.11,00,000.00 out of the aforesaid total amount of Rs.30,00,000.00along with two other employees, namely, Dinesh Saini and Sandeep Range. In order to discharge his liability, petitioner issued a cheque bearing No. 010629 dtd. 11/7/2020, amounting to Rs.11,00,000.00, drawn on Sarva Haryana Gramin Bank, Jindal Chowk Branch, Hisar, in favour of complainant-company. However, on presentation said cheque was dishonoured with the remarks'insufficient funds', vide memo dtd. 14/7/2020. Despite legal notice dtd. 12/8/2020, petitioner has not made any payment. Hence, respondent filed a complaint under Sec. 138 NI Act.