SARABJIT SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This order shall dispose of four revision petitions titled above, as issue involved in all these cases pertains to same transaction and as in all the cases, same facts and question of law are involved.

(2.) The facts are taken from CRR N: 1007-2010 (O&M). The revision is against the order dtd. 15/3/2010 passed by learned Addl. Sessions Judge (Fast Track Court), Patiala, upholding the judgment/order dtd. 9/6/2006 passed by learned Judicial Magistrate 1st Class, Samana, convicting petitioner No.1 under Sec. 138 of the Negotiable Instrument Act, 1881, and sentencing him to undergo imprisonment for a period of 1 year and to pay a fine of Rs.2,500.00.

(3.) Respondent No.2 Federation filed the complaint against petitioner No.2-M/s Sardar Exports Ltd., Samana, and its Director Sarabjit Singh (petitioner No.1) alleging that paddy was issued to the accused by the Markfed, Patiala for milling purposes for the year 199798. Out of 197 wagons delivered to the accused, they failed to deliver 52 wagons of rice and as security, issued 8 cheques, including four cheques involved in these cases, drawn at Punjab National Bank, Samana. On presentation, the cheques were dishonoured on the ground that there were 'no sufficient funds' in the account for encashment and further that accused No.2 (petitioner No.1) Sarabjit Singh did not have the authority to issue the cheques, as the same had already been drawn. Legal notice was sent to pay the amount, but in vain and hence the complaints were filed to prosecute the accused under Sec. 138 of the N.I. Act. After holding the trial, accused were convicted by the Judicial Magistrate 1st Class, Samana and said conviction has been upheld by the Appellate Court.