Umesh Arvind Pujari v. The State Of Maharashtra And ANR.

spb/ 3appr366-15appr416.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRI. REVISION APPLICATION NO. 286 OF 2007 Umesh Arvind Pujari ... Applicant.

(Org.Accused) V/s.

The State of Maharashtra & Anr.

... Respondents.

--- WITH CRIMINAL APPLICATION NO. 366 OF 2015 AND CRIMINAL APPLICATION NO. 416 OF 2015 IN CRI. REVISION APPLICATION NO. 286 OF 2007 M/s. Garware Enterprises Ltd., ... Applicant.

(Org. Respondent) In the matter between :

Umesh Arvind Pujari ... Applicant.

(Org.Accused) V/s.

The State of Maharashtra & Anr.

... Respondents.

--- None for the Applicant (Org. Accused).

Ms.Nazia S.A.Shaikh i/by M.S.Karnik,Advocate for Respondent No.2- (Org.Complainant) Ms. S. V. Gajare, APP for the State.

--- CORAM : A.V. NIRGUDE, J.

DATE : 09th DECEMBER, 2015.

P.C. :

The Applicant-accused and his Advocate are absent. Heard the submissions advanced by the learned counsel on behalf of Respondent No.2- original complainant. Borey 1/2

spb/ 3appr366-15appr416.sxw This revision application arises from the prosecution of the applicant-accused under section 138 of the Negotiable Instruments Act. The respondent-company came with a case that they supplied certain goods to the applicantaccused and towards the payment of price of the goods, the cheque in question was issued by the applicant-accused. The cheque was bounced and, therefore, the prosecution was initiated.

The courts below on facts held that the offence is proved. On perusal of the judgment of the courts below, I find no error in it. The revision application stands dismissed. The amount deposited in this court and in the lower court shall be refunded to the respondent-company. Refund shall be made to the respondent-complainant in their new name, viz. Garware Industriees Pvt. Ltd. The Registry of this court shall issue cheque, refunding the deposited amount in the name of Garware Industriees Pvt. Ltd. along with interest, if any.

In view of the dismissal of the revision application, criminal application nos. 366 of 2015 and 416 of 2015 do not survive and the same are disposed of.

(A.V. NIRGUDE, J.) Borey 2/2