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2014 Supreme(SC) 1080

RANJANA PRAKASH DESAI, N.V.RAMANA
Nagpal Traders – Appellant
Versus
Davinder Singh – Respondent


Advocates Appeared:
For the Appellant :Mr. R.B. Srot, Ms. Navratn Chaudhry, Ms. T. Pongener, Ms. Seema Dold and Mr. Ashok Kumar Gupta II, Advocates
For the Respondent:Mr. Rahul Gupta, Advocate

ORDER :

Leave granted.

2. The appellant before us is the complainant. The complainant is a firm ("complainant-firm"). The respondent is the accused. By the impugned order the High Court disposed of three revision petitions filed by the respondent.

3. The case of the complainant-firm is that the respondent had dealings with the complainant-firm and as per account books of the complainant-firm upto 31/03/2002 an amount of Rs.14,74,753.40 was due from the respondent to the complainant-firm. To repay the said amount the respondent issued three cheques, two in the sum of Rs.5,00,000/- (Rupees five lakh only) each and one in the sum of Rs.4,00,000/- (Rupees four lakh only). The cheques when presented, were dishonoured. The complainant-firm issued legal notices in respect of the three dishonoured cheques. As the money was not paid, three complaints came to be filed under Section 138 of the Negotiable Instruments Act, 1881 ("the NI Act").

4. The trial court convicted the respondent in each case for offence punishable under Section 138 of the NI Act and sentenced him to undergo RI for two years and to pay a fine of Rs.5,000/- in each of the three complaints. The Sessions Court dismissed the res











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