SUBHASH MEHRA Vs. S N SUNEJA AND ANOTHER

JUDGEMENT

(1.) This order shall dispose of CRR No. 1543 of 2015 (Subhash Mehra vs. S.N. Suneja and another), CRR No. 1544 of 2015 (Subhash Mehra vs. S.N. Suneja and another), CRR No. 1545 of 2015 (Subhash Mehra vs. S.N. Suneja and another), CRR No. 1546 of 2015 (Subhash Mehra vs. S.N. Suneja and another), CRR No. 1547 of 2015 (Subhash Mehra vs. S.N. Suneja and another) and CRR No. 1695 of 2015 (Subhash Mehra vs. S.N. Suneja and another) as all these have arisen out of same transaction and complaints filed under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to be as "the Act").

(2.) Brief facts of the case are that S.N.Sunejacomplainant/respondent No.1, retired from State Bank of India, Chandigarh as Branch Manager in the year 2006, after retirement started devoting his time towards religious sect in the name of Om Shanti, where accused-petitioner met him and was introduced as Doctor by the other followers. The petitioner-accused developed fiduciary relationship with the respondent-complainant during the passage of time and started borrowing money. The respondent-complainant has entrusted an amount of Rs.53,60,000/- to the petitioneraccused during the period between 2009 to 2011 against which petitioner-accused issued post-dated cheques as well as receipts in the presence of Smt. Raj Dulari, complainant's wife and one Sh. Anuj Suneja. The below mentioned cheques are the subject matter of dispute in the present petitions:-

(3.) The learned Magistrate after appraisal of the evidence adduced, held the petitioner-accused guilty of offence u/s 138 of the Act in all the cases and sentenced him as under:-