P&H: Orders concurrent running of sentences in cheque bounce case as complaints arose out of same transaction between same parties and offences were similar

punjab-haryana
⚖️ Order Date: 10 Aug 2026
Headnotes

(i) Negotiable Instruments Act, 1881, Ss.138, 142 — Dishonour of cheque — Two Cheques issued for Rs. 15 lakhs and Rs. 7 lakhs were presented within validity, returned unpaid with remarks “payment stopped by the drawer” and “funds insufficient”, statutory notice was issued and payment...

(ii) Negotiable Instruments Act, 1881, Ss.138, 118, 142 — Dishonour of cheque — Legally enforceable debt or liability — Once execution of cheques is proved, the appellate Court rightly held that statutory presumptions u/s.118 and 139 of Act would arise and it would be presumed...

(iii) Negotiable Instruments Act, 1881, S.138 — Dishonour of cheque — Defence of stolen or misplaced cheques — Plea that cheques were lost or stolen was not accepted where DDR was lodged after about eight months and newspaper publications were made only to create false...

(iv) Negotiable Instruments Act, 1881, Ss.138, 139, 118 — Dishonour of cheque — Minor discrepancy in ink — Difference in ink used for writing the amount, name of payee and date in cheques was not a ground for acquittal — Such discrepancy did not dislodge the...

(v) Negotiable Instruments Act, 1881, S.138, Criminal Procedure Code, 1973, S.427 — Dishonour of cheque— Sentence on offender already sentenced for another offence — Concurrent running of sentences — Where complaints arose out of same transaction between same parties and offences were similar, substantive sentences...


Facts of the Case

P&H: Orders concurrent running of sentences in cheque bounce case as complaints arose out of same transaction between same parties and offences were similar

The Punjab and Haryana High Court has dismissed a revision petition filed by Rajat Kandhari and another in a cheque dishonour case under Section 138 of the Negotiable Instruments Act, while granting them limited relief on the question of sentence.

The petitioners had challenged the Sessions Court judgment dated 27 July 2015, which had upheld their conviction by the Judicial Magistrate First Class, Chandigarh. The appellate court had reduced the sentence from six months to five months’ imprisonment, while maintaining the rest of the punishment.

According to the complainant, M/s Sapna Advertising, the accused had taken repeated friendly loans over...

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