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2018 Supreme(P&H) 3572

SURINDER GUPTA
Rajeev Kumar Tyagi – Appellant
Versus
Jai Krishna Liquors Pvt Ltd And Others – Respondent


Advocates Appeared:
Rakesh Kumar Sharma, Adv., Varun Gupta, Adv., Deepak Grewal, Adv.

JUDGMENT

Surinder Gupta, J. - Petitioner-Rajeev Kumar Tyagi on complaint by respondentM/s Jai Krishna Liquors Pvt. Ltd. was convicted for offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment for one year and to pay Rs. 29,48,000/- as compensation.

2. Case of complainant, in brief, is that it is running a liquor vend and is engaged in trading of different type of liquor and wine etc. The complainant-company supplied liquor to the petitioner and his partners, namely, Dhanvir Singh and Bhopal Singh from time to time on credit basis. Dhanvir Singh is running a shop at Railway Station Old Faridabad and Bhopal Singh is running his shop at Sectors 22 and 23, Faridabad. A sum of Rs. 22,55,080/- was outstanding against the petitioner and his partners, Dhanvir and Bhopal Singh, on completion of financial year 2011-12, details of which are as follows:-

    (i) Amount due against petitioner : Rs. 10,67,699;

      (ii) Amount due against Dhanvir : Rs. 10,32,573; and

        (iii) Amount due against Bhopal Singh : Rs. 1,54,808.

        3. After admitting his liability the petitioner issued cheque no. 608138 dated 31.03.2012 of Rs. 22,55,080/-, drawn on Punjab

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