SURINDER SINGH DESWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) This order shall dispose off the aforementioned 28 petitions being identical on facts and involving the common question for adjudication.

(2.) All the petitions have been filed under section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') for setting aside the impugned orders dated 20.07.2019, passed by learned Additional Sessions Judge, Panchkula (hereinafter referred as 'Appellate Court'), thereby cancelling the suspension of sentence already granted to the petitioner(s) on account of their failure to deposit 25% amount of compensation in terms of the provisions of Section 148 of the Negotiable Instruments (Amendment) Act, 2018 (for short 'Amendment Act'), as directed by learned Appellate Court, vide order dated 01.12.2018 and upheld upto Hon'ble Supreme Court, titled as 'Surinder Singh Deswal @ Col.S.S. Deswal and others v. Virender Gandhi', JT 2019 (6) SC 240 (hereinafter referred as 'Deswal's case').

(3.) For convenience, the facts are noticed from CRM-M No. 37243 of 2019, which, in brief, are as under:- Petitioner No. 3 i.e. M/s. Bhoomi Infrastructure Company is a Firm, registered under the Indian Partnership Act, 1932, whereas petitioner Nos. 1 & 2, being partners, are responsible for conducting its day-to-day business Initially, respondent No. 2/complainant was a partner in the above Firm having 7% share, but later on, it was re-constituted on 27.06.2011 and his share was enhanced to 16%. It transpires from the paper-book that some changes were made by way of Memorandum of Understanding (MoU) between the partners in terms of Flat Buyers Agreements and Mortgage Deeds dated 30.11.2013 & 01.12.2013, respectively. In view of the above MoU, to compensate the respondent/complainant and in order to discharge their legal liability, petitioner(s) issued 64 cheques for an amount of Rs. 37.61 Crores (Rs. 20.30 Crores for retirement dues and Rs. 17.31 Crores as compensation) including Cheque No. 665647 dated 31.03.2015 for an amount of Rs. 45,84,915/-. All the cheques were dishonored, resulting in filing of various complaint(s) under section 138 of the Negotiable Instruments Act, 1881 (for short 'Act') on 04.08.2015 before learned Judicial Magistrate 1st Class, Panchkula (hereinafter referred as 'trial Court').