Punjab-Haryana High Court
Sant Baba Ishar Singh Rice Mills And ... vs The Punjab State Co-Operative Supply & ... on 7 September, 2010
Author: Ram Chand Gupta
Bench: Ram Chand Gupta
Criminal Misc.No. 34807 of 2010 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Criminal Misc.No. 34807 of 2010 and
Criminal Revision No.1875 of 2010
Date of decision:- 7.9.2010
Sant Baba Ishar Singh Rice Mills and another
...Petitioners
Versus
The Punjab State Co-operative Supply & Marketing Federation Ltd.
...Respondent
CORAM: HON'BLE MR. JUSTICE RAM CHAND GUPTA
Present:- Mr. Parveen K. Kataria, Advocate
for the petitioners.
Mr. Jasjeet Singh, Advocate for
Mr. H.S. Brar, Advocate
for the respondent.
RAM CHAND GUPTA J.(Oral)
Criminal Revision No.1875 of 2010 Heard.
Admitted.
Criminal Misc. No.34807 of 2010 This is an application under Section 389 Cr.P.C. for suspension of sentence of the applicants-petitioners during the pendency of the revision-petition.
Argues that the applicant-petitioner Sukhchain Singh has been sentenced to undergo rigorous imprisonment for a period of 1-½ years for commission of offence under Section 138 of Negotiable Instruments Act and that the applicant-petitioner has already undergone 3 months of sentence out of total awarded. Further contends that the cheques were issued by way of security for future Criminal Misc.No. 34807 of 2010 -2- liability and that there was no debt or liability on the date, when the cheques were issued. Further contends that the revision-petition is not likely to be heard in near future.
Learned counsel for the respondent has not disputed these facts.
The revision-petition is not likely to be heard in near future. Applicant-petitioner has already undergone three months of rigorous imprisonment out of total 1½ years of rigorous imprisonment awarded. Hence, without expressing any opinion on the merits of the case, the application of the applicant-petitioner is accepted and the remaining sentence of the applicant-petitioners Sukhchain Singh (being partner as well as attorney of other partners of Sant Baba Ishar Singh Rice Mills, Duneka, G.T. Road, Moga- petitioner No.1 and being petitioner No.2) is suspended during the pendency of the revision-petition.
Bail to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Moga.
September 07, 2010 ( RAM CHAND GUPTA ) vj JUDGE