GULSHAN DHALL Vs. SUBHASH CHANDER AND ANOTHER

JUDGEMENT

(1.) Vide this common order the CRR Nos. 548, 715, 716, 555, 712, 868, 1294, 1295, 1297, 1298, 1299, 1668 and 1897 of 2015 (O&M) are being decided as all the petitions involve the similar controversy.

(2.) In CRR No.548 of 2015, petitioner has assailed order dated 14.11.2014 passed by Additional Sessions Judge, Rohtak and judgment and order dated 07.12.2010/20.12.2010 passed by Judicial Magistrate, 1st Class, Rohtak, whereby the petitioner was held guilty under Section 138 of the Negotiable Instruments Act (hereinafter to be referred as 'the Act') and was sentenced to undergo rigorous imprisonment for a period 18 months. The judgment/order passed by the trial Court was affirmed by the lower Appellate Court.

(3.) Brief facts are that Complainant-Subhash Chander filed complaint under Section 138 of the Act and under Section 420 IPC against the accused with the allegations that the accused No.2 and 3 namely Gulshan Dhall and Vijay Ahuja had issued cheque bearing No. 599899 dated 10.02.2007 for a sum of Rs. 79,000/- of Dena Bank in favour of the complainant from the account No.4619 of the accused No. 1 namely The Shree Ganesh Co-op. (SE) Thrift and Credit Society Ltd. (for short 'the Society'). On presentation, the cheque was dis-honoured vide memo dated 13.08.2007 with the remarks of insufficiency of funds. Legal notice dated 23.08.2007 was issued. However despite the receipt of notice, the accused did not pay the amount within the stipulated period. Faced with no option, the complainant filed the complaint under Section 138 of the Act, thereby impleading Gulshan Dhall as Treasurer and Vijay Ahuja as Hony. Secretary of the society/accused No. 1.