HARDYAL SINGH CHEEMA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner assails judgment dtd. 16/8/2021 passed by learned Sessions Judge, Bathinda vide which an appeal filed by the petitioner assailing judgment dtd. 14/2/2020 passed by learned JMIC, Bathinda holding him guilty of having committed an offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 has been dismissed.

(2.) It has inter alia been submitted that as many as 37 different complaints under provisions of Sec. 138 of the Negotiable Instruments Act, 1881 were instituted against the petitioner at the instance of M/s Vinod Cotton Corporation and the petitioner was simulatenously held guilty in all the 37 cases by way of separate judgments passed by learned JMIC, Bathinda on 14/2/2020 wherein rigorous imprisonment of two years was imposed in each of the said complaints apart from issuance of directions to pay compensation which in all runs into crores of rupees.

(3.) It has further been submitted that since the learned Magistrate was seized of all the 37 complaints and had convicted the petitioner on the same very day, the Magistrate cannot feign ignorance about the pendency of all the 37 cases and as such was expected to have made the sentence concurrent. It has been submitted that the petitioner is more than 60 years in age and in case it is taken that he has to undergo two years in each of the 37 cases consecutively then he would be required to being imprisoned for the next 74 years.