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2019 Supreme(P&H) 43

MAHABIR SINGH SINDHU
Surinder Singh Deswal @ Col S. S. Deswal – Appellant
Versus
Virender Gandhi – Respondent


Advocates:
Advocate Appeared:
R.S. Rai, Adv., Karan Sachdeva, Adv., Rose Gupta, Adv., Johan Kumar, Adv., Amit Kumar Jain, Adv., Adish Gupta, Adv., Amit Choudhary, Adv., Sudarshan Kumar, Adv., Deepender Singh, Adv., Gaurav Gaur, Adv., Mandeep Singh Khillan, Adv.

JUDGMENT :

MAHABIR SINGH SINDHU, J.

1. This order shall dispose off the aforementioned 33 petitions being identical on facts, involving the common questions of law.

2. The above petitions have been filed under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) for quashing of impugned order(s), passed by learned Additional Sessions Judge(s), whereby the petitioner(s) have been directed to deposit 20/25% of the amount of compensation awarded by learned trial Court while suspending their sentence during pendency of the appeal(s) in view of the provisions of Section 148 of the Negotiable Instruments (Amendment) Act, 2018 (for short ‘Amendment Act, 2018’).

3. With the consent of parties, the facts have been noticed from CRM-M-3377-2019, 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 day-to-day business as well as its affairs.

Initially, the respondent/complainant was also a partner in the above Firm having 7% share, but later on, it was reconstituted on 27.06.2011 and his share was enhanced to 16%.























































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