LAWS(HPH)-2001-11-30

YUDHISTER LAL THUKRAL Vs. SUMITRA DEVI

Decided On November 22, 2001
Yudhister Lal Thukral Appellant
V/S
SUMITRA DEVI Respondents

JUDGEMENT

(1.) IT is proposed to dispose of all these five criminal revisions by a common judgment, because except for cheques as well as memos issued by the bankers, all other questions of law and fact involved in these revisions petitions are identical.

(2.) AGAINST the petitioner, the late Shri Prakash Nath Chawla (predecessor in interest of the respondents), preferred a complaint under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter referred to as "the Act"). After conclusion of the trial, the petitioner was found guilty of having committed offence under Section 138 of the Act. Accordingly, he was sentenced to pay a fine of Rs. 40,000 and in default to undergo simple imprisonment for three months in each case. In case the amount is paid, the same was to be given as compensation to the complainant.

(3.) AT the time of hearing of these revision petitions, it was urged by Mr. Shukla that the account of the firm M/s. Rajiv Mechanical Works, Sirhind was settled between its partners and according to him, a sum of Rs. 2,00,000 by means of demand draft was paid by the petitioner to the deceased. This demand draft was issued from Sirhind.