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2015 Supreme(SC) 518

SUDHANSU JYOTI MUKHOPADHAYA, N.V.RAMANA
Pawan Kumar – Appellant
Versus
Punjab State Civil Supplies Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
For Appellant : Vishal Sodhi and Ritesh Knatri, Advs.
For Respondents: Ashish Wad, Anshuman Srivastava and J.S. Wad, Advs.

ORDER

1. Leave granted. These appeals have been preferred by the Appellants against the Orders dated 29th April, 2013 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Revision Nos. 1426, 1427 and 1428 of 2013 whereby the High Court rejected the revision applications preferred by the Appellants while affirming the order of conviction and sentence passed against them.

2. Respondent-complainant-Punjab State Civil Supplies Corporation Limited (hereinafter referred to as 'Supply Corporation') supplied paddy to the Appellant No. 2 firm from custom milling. Appellant No. 1 is the partner of Appellant No. 2 firm. It is alleged that the Appellants misappropriated the supplied paddy and issued the post dated cheques (six in number for total amount 1,03,45,750/-)to the Respondent-Supply Corporation as security, on presentation, got dishonoured. It is further alleged that the cheque amount was not paid in spite of demand notice.

3. Pursuant to three complaints with respect to different cheques filed by the Corporation the Trial Court convicted the Appellant Under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to undergo rigorous imprisonment for two










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