The court affirmed that dishonoured cheques can lead to conviction under Section 138 of the Negotiable Instruments Act, and concurrent sentences may be ordered based on the nature of the transactions involved.

JUDGMENT

Jasjit Singh Bedi, J. (Oral)

The present revision petition has been preferred against the impugned judgment dated 27.07.2022 passed by the Additional Sessions Judge, Hisar vide which the judgment of conviction and order of sentence dated 22/24.08.2017 passed by the Judicial Magistrate Ist Class, Hisar, has been upheld.

2. The brief facts of the case as emanating from the pleadings are that the complainant-G.J.V. Enterprises through its partner Gourav Tanwar filed a complaint bearing Criminal Complaint No.441-II with the allegations that Sai Gold India Enterprises Private Limited was a firm being run by the petitioner and his co-accused Krishan Kumar Soni. In order to give a Franchise of the said firm, the complainant deposited a sum of Rs. 97,50,000/- on various dates between 02.08.2012 to 04.05.2013. However, the deal could not materialize and Pawan Kumar (petitioner) and Krishan Kumar Soni agreed to return the amount of security deposited by the complainant for the Franchise. For discharging their liability, the accused issued four different cheques. The details of which are as under:-

3. All the cheques were dishonoured. Therefore, two complaints were filed bearing Criminal Complaint No.441-II instituted on 05.03.2014 qua cheque No.570575 dated 30.11.2013 for a sum of Rs. 10,00,000/- drawn on Andhra Bank, Hisar Branch, District Hisar against account No.16671100001185 and cheque No.570576 dated 31.12.2013 for a sum of Rs. 50,00,000/- drawn on Andhra Bank, Hisar Branch, District Hisar against account No.16671100001185.

4. The second complaint bearing Criminal Complaint No.658-II was instituted on 20.05.2014 qua cheque No.570577 dated 31.01.2014 for a sum of Rs. 25,00,000/- drawn on Andhra Bank, Hisar Branch, District Hisar against account No.16671100001185 and cheque No.570578 dated 28.02.2014 for a sum of Rs. 25,00,000/- drawn on Andhra Bank, Hisar Branch, District Hisar against account No.16671100001185.

5. The Court of the Judicial Magistrate Ist Class, Hisar (Trial Court) vide its judgment of conviction 22.08.2017 and order of sentence dated 24.08.2017 convicted the petitioner and his co-accused in criminal complaint No.441-II and sentenced them to undergo imprisonment for the period of 02 years and to pay a compensation of Rs. 1,20,00,000/-.

6. On the same days i.e. on 22.08.2017 and 24.08.2017, the Trial Court vide its judgment of conviction and order of sentence, convicted the petitioner and his co-accused in Criminal Complaint No.658-II dated 20.05.2014 and they were sentenced to undergo imprisonment for the period of 02 years and to pay a compensation of Rs. 1 Crore to the complainant.

7. Aggrieved by the aforementioned judgments of conviction of the Trial Court, the petitioner filed Criminal Appeal No. 458 of 2017 in Criminal Complaint No.441-II before the Additional Sessions Judge, Hisar. The said Court vide its judgment dated 28.07.2022 dismissed the appeal filed by the petitioner thereby affirming the judgment of conviction and order of sentence passed by the Judicial Magistrate Ist Class, Hisar. Aggrieved by the said order, the petitioner filed the connected petition bearing Criminal Revision No. 2099-2022 before this Court.

8. Meanwhile, aggrieved by the order of the Trial Court in Criminal Complaint No. 658-II dated 20.05.2014, the petitioner filed Criminal Appeal No.457 of 2017 before the Additional Sessions Judge, Hisar. The said Court vide its j