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2011 Supreme(SC) 680

Anil Sachar – Appellant
Versus
Shree Nath Spinners P. Ltd. – Respondent


JUDGMENT

Anil R. Dave, J. —

1. Leave granted.

2. Being aggrieved by the common Judgment delivered in Criminal Appeal Nos.379-MA of 2007 and 381-MA of 2007 dated 16th December, 2008 by the High Court of Punjab and Haryana at Chandigarh, the original complainants have filed these appeals. By virtue of the aforestated judgment and order, the High Court has confirmed the Orders dated 4th May, 2007 passed in Criminal Complaint Nos. 46 and 99 of 1999 by the Judicial Magistrate, First Class, Ludhiana whereby the accused in the aforestated complaints had been acquitted of the charges levelled against them.

3. The facts leading to the present litigation in a nut shell are as under:

4. On 23rd February, 1999, Respondent no.4 - Munish Jain, a Director of M/s. A.T. Overseas Ltd. had given in all four cheques for different amounts to Anil Sachar, partner of M/s. Rati Woolen Mills who are appellant Nos. 1 and 2 respectively. According to the case of the complainants, the said cheques were given to M/s. Rati Woolen Mills, of which appellant no.1 is a partner, in consideration of supply of goods to M/s. Shree Nath Spinners Pvt. Ltd.

5. The aforestated cheques, which had been given by Munish Jain a























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