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2023 Supreme(Online)(SC) 8598

ABHAY S. OKA, PANKAJ MITHAL, JJ
JAMBOO BHANDARI – Appellant
Versus
M.P. STATE INDUSTRIAL DEVELOPMENT CORPORATION LTD. – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Vinayak Bhandari, Ms. Nidhi Khanna
For the Respondents: Mr. Sushil Dutt Salwan, Mr. Pramod Dayal, Mr. Arjun Garg, Mr. Nikunj Dayal

JUDGEMENT

ABHAY S. OKA, J. Leave granted. 2. Heard learned counsel appearing for the parties. 3. The appellants in these two appeals were the accused before the learned Judicial Magistrate who tried them on a complaint filed by the respondent No. 1 under Section 138 of the Negotiable Instruments Act, 1881 (for short “N.I. Act”). The learned Magistrate convicted the appellants and directed them to pay the cheque amount of Rs. 2,52,36,985/- with interest thereon @ 9% per annum. An appeal was preferred by the appellants before the Sessions Court. Relying upon Section 148 of the N.I. Act, the Sessions Court granted relief under Section 389 of the Code of Criminal Procedure, 1973 (for short “ Cr.P.C .”) subject to condition of appellants depositing 20% of the amount of compensation. Digitally signed by Neetu Khajuria Date: 2023.09.12 17:23:43 IST Reason:

    Signature Not Verified Vide the impugned judgment, the High Court has confirmed the order of the Sessions Court. 4. The High Court relied upon the decision of this Court in the case of Surinder Singh Deswal Alias Colonel S.S. Deswal and Others v. Virender Gandhi1. The High Court proceeded on the footing that, as this Court has interp
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