2024 INSC 1046
1
REPORTABLE
IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. 5491/2024
[Arising out of SLP (Crl.) No. 8072/2024]
MUSKAN ENTERPRISES & ANR. APPELLANTS
VERSUS
THE STATE OF PUNJAB & ANR. RESPONDENTS
J U D G M E N T
DIPANKAR DATTA, J.
1. Leave granted.
2. The judgment and order dated 18th May, 2024, passed by a
learned Judge of the High Court of Punjab and Haryana at
Chandigarh1 dismissing a petition2 under Section 482 of the
Code of Criminal Procedure, 19733 preferred by the appellants
is under assail in this appeal.
3. The basic facts are not in dispute.
4. Conviction for offence punishable under Section 138 of the
Negotiable Instruments Act, 18814 had been recorded against
the appellants by the Judicial Magistrate, 1st Class, Amloh, 1 High Court 2 CRM-M-25041-2024 3 Cr. PC 4 N. I. Act
2
District Fatehgarh5 vide judgment and order dated 15th
September, 2022. Consequently, the second appellant (the
proprietor of the first appellant) was sentenced to 2 years’
rigorous imprisonment; also, under Section 357(3), Cr. PC.
they were directed to pay compensation of Rs.74,00,000/-
(double the cheque amount) to the complainant who was
given the liberty to recover the same from the appellants.
5. The conviction and sentence, as aforesaid, were carried in
appeal by the appellants before the Sessions Court, Fatehgarh
Sahib6....