M/S. Raj Novelties And ANR v. The State Of Maharashtra And ANR

Nalawade A.S.

1 /2 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 50 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 56 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. J.A. Udaipuri i/by M/s. Udaipuri & Co. for the Applicants. Smt. R.V. Newton, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE :

29th March, 2016 P.C.

This is an application for suspension of sentence and for releasing the applicant No.2 on bail.

The applicant No.2 has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to suffer simple imprisonment for three months and to pay a fine of Rs.2,25,000/-, in default to further suffer simple imprisonment for one month by the Metropolitan Magistrate, 44th Court, Andheri, Mumbai by its Judgment and order dated 3.8.2012. The Criminal Appeal No.501/2012 preferred by the applicant has been dismissed by the learned Additional Sessions Judge, Greater Mumbai by its Judgment and order dated 17.12.2015.

3) The learned counsel for the applicants submitted that during the pendency of the appeal, the applicant No.2 has already deposited an amount of Rs.45,000/- in the registry of the Trial Court.

Nalawade A.S.

2 /2 4) The substantive sentence imposed upon the applicant No.2 is simple imprisonment for 3 months.

5) The substantive sentence imposed upon the applicant No.2 is hereby suspended during the pendency of CRA No.56/2016 subject to condition that the applicant No.2 shall deposit an amount of Rs.1.00 lac in the registry of the trial court within a period of four weeks from today.

6) The applicant No.2 be released on bail on his furnishing PR bond of Rs.15,000/- with one or two local sureties in the like amount.

7) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)