Santosh M Mulay v. Yasin Mehmud Sayyed And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Revision Application No. 309 / 2018 Santosh M. Mulay .. Applicant Versus.

Yasin Mehmud Sayyed and Anr.

.. Respondents **** None for the Applicant.

Mr. Kunal Jha i/by Mrs. Shibra Tanna, Advocate for the Respondent No.1.

Mr. A.D. Khamkhedkar, APP for State.

**** CORAM : SANDEEP K. SHINDE J.

DATE : 13th SEPTEMBER,2021.

P.C. : - 1.

None for the Applicant. Heard. Learned Counsel for the Respondent No.1.

2.

Applicant's conviction under Section 138 of the Negotiable Instruments Act Act, 1881 was confirmed in Criminal Appeal No. 132/2015.

Whereafter Applicant preferred subject Revision Application. This Court vide order dated 24th July, 2018 suspended Najeeb.. 1/3

sentence and directed Applicant to deposit Rs.6 Lkhs in this Court on or before 4th September, 2018. It was clarified that if the Applicant fails to deposit Rs. 6 Lakhs, appropriate order would be passed. Applicant did not deposit the amount. When application came up for consideration before this Court on 24th July 2018, the order suspending the sentence was recalled and learned Magistrate was directed to issue non-bailable warrant. Whereafter Applicant was arrested on 12th February, 2020. He again moved an application before this Court, alongwith an Undertaking that he would deposit Rs.6 Lakhs within six weeks. On this assurance, he was granted provisional cash bail for a period of six weeks. Today, none appears for the Applicant. Learned Counsel for the Respondent No.1, on instructions submits that Applicant has not deposited Rs.6 Lakhs and thus breached the Undertaking. In view of these facts, the Criminal Revision Application stands dismissed and order Najeeb.. 2/3

dated 13th February, 2020 is recalled.

3.

The learned Metropolitan Magistrate 43rd Court, Borivali, Mumbai in C.C. No. 4301170/SS/2009 shall issue non-bailable warrant against the Applicant. 4.

The Criminal Revision Application is disposed of in the aforesaid terms.

(SANDEEP K. SHINDE, J.) by MOHAMMAD NAJEEB MOHAMMAD QAYYUM Date:

2021.09.13 16:52:58 +0530 MOHAMMAD NAJEEB MOHAMMAD QAYYUM Najeeb.. 3/3