Shreemohan Maheshwari Prop. Of M/S. Novelty v. M/S. Kalpataru Alu Profines And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 321 OF 2017 IN CRIMINAL REVISION APPLICATION NO. 348 OF 2017 Shreemohan Maheshwari ... Applicant Vs.

M/s Kalptaru Aluprofiles & Anr.

... Respondents.

...

Mr. Ashok Kumar Dubey for the applicant.

Mrs. N.S. Jain, APP for the State.

...

CORAM : PRAKASH D. NAIK, J.

DATE : 19th JUNE, 2018.

P.C.

1.

This is an application for suspension of sentence and grant of bail. The applicant is convicted for the offence punishable under Section 138 of Negotiable Instruments Act vide Judgment and Order dated 21st March, 2014 passed by the trial Court. 2.

The applicant was sentenced to suffer simple imprisonment for three months and was directed to pay compensation of Rs.3,00,000/-. The appeal preferred by the applicant was dismissed vide Judgment and Order dated 20th March, 2017.

3.

The learned Advocate for the applicant on instructions submits that the applicant has deposited an amount of Rs.1,00,000/- before the Trial Court during the pendency of appeal. He further states that applicant shall be deposited an amount of Rs.1,00,000/- in this Court within a period of eight weeks from today. The statement is accepted as undertaking to this Court.

4.

In the aforesaid circumstances, the sentence is suspended by granting interim bail. Pending hearing and final disposal of Criminal Revision Application No. 248 of 2017, till next date of hearing, the sentence imposed by the Metropolitan Magistrate, 14th Court, Girgaon, Mumbai vide Judgment and Order dated 21st March, 2014 in C.C.No.127/SS/2009 which was confirmed by the Sessions Court vide order dated 20th March, 2017 in Criminal Appeal No. 379 of 2014 is suspended and the applicant is directed to be released on bail on furnishing PR Bond of Rs.20,000/- with one or more sureties in the like amount.

5.

The applicant is directed to deposit an amount of Rs.1,00,000/- in this Court within a period of eight weeks from today.

6.

This interim bail shall be in operation till the next date of hearing of Criminal Revision Application.

7.

Criminal Applications stands disposed of.

( PRAKASH D. NAIK, J. )