SHIV DHIMAN Vs. UT OF CHANDIGARH

JUDGEMENT

(1.) By this order, CRR Nos.1911 to 1916, 2108, 2110 to 2113 of 2016 shall stand disposed of.

(2.) Learned counsel for the parties have addressed arguments only on the issue as to whether the sentence awarded by the Courts below is required to be ordered to run concurrently or not in all these cases. However, before deciding the aforesaid issue, it would be appropriate to note certain facts.

(3.) As per the case setup by the complainant, two companies namely M/s Tridev Infrastructure (Private) Limited (complainant) and M/s CMP Builders Private Limited (accused No.1 in 5 complaints out of total 6 complaints) were in the business of real estate development. As per the respondent-complainant, there was an agreement dated 29.11.2010 between both the aforesaid companies to the effect that accused would get purchased 100 acres of land at the rate of Rs. 1,05,50,000/- per acre to the complainant company. In other words, accused No.1 company was assigned the duty to make an arrangement for purchase of 100 acre land for the complainant company in one compact block within three months in the vicinity of Chandigarh. It was agreed that in the event of failure of the accused to fulfill its promise, the accused shall be liable to pay double of the earnest money/advance amount after expiry of three months. Pursuant to the aforesaid agreement, it is alleged that Rs. 4,50,00,000/- was paid by the complainant company to the accused No.1-company but accused No.1-company defaulted in the performance of the agreement. Hence, accused agreed to pay double of the amount advanced i.e. Rs. 9,00,00,000/-. Some amount was paid but in discharge of remaining amount, 6 cheques were handed over to the complainant for a total amount of Rs. 8,67,00,000/-. The aforesaid cheques on presentation for encashment, were dishonoured resulting in filing of five complaints under Section 138 read with Section 142 of the Negotiable Instruments Act. It may be noted here that accused No.1-M/s CMP Builder Private Limited at that time had two Directors, Shiv Dhiman and Dildar Singh. Cheques worth Rs. 8.5 crores were issued by the accused No.1-company, whereas cheque for amount of Rs. 17,00,000/- was issued as an individual by Shiv Dhiman.