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Bombay High CourtAPPR/357/2016others disposed off

Hanjer Biotech Vadodara Private Limited And ANR v. The State Of Maharashtra And ANR

2016-07-26Hon'Ble Justice Revati Mohite Dere2 pages

appr.357.16.35.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 357 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 332 OF 2016 Hanjer Biotech Vadodara Private ...Applicants Limited & Anr.

(Ori.accused Nos.1 & 3)

Versus

The State of Maharashtra & Anr.

...Respondents

Mr. S. R. Nargolkar I/b Mr. Swapnil Mohite for the Applicants Mr. A. S. Shitole, A.P.P for the Respondent No.1-State CORAM : REVATI MOHITE DERE, J.

TUESDAY, 26 th JULY, 2016 P.C. :

1.

Heard learned Counsel for the applicants.

2.

The applicants (original accused Nos. 1 and 3) have been convicted vide judgment and order dated 13th October, 2014 passed by the learned Metropolitan Magistrate, 70th Court, Mazgaon at Sewree, Mumbai, in CC Nos. 7001458/SS/2014 for the offences punishable under Section 138 of the Negotiable Instruments Act and applicant No. 2 (original accused No. 3) has been sentenced to suffer 3 months imprisonment. The applicants (original accused Nos. 1 and 3) were directed to pay a SQ Pathan 1/2

appr.357.16.35.doc compensation of Rs. 2 lakhs. The said judgment and order has been confirmed in appeal by the Appellate Court.

3.

The learned Counsel for the applicants states that out of the said compensation amount of Rs. 2 lakhs, the applicants have deposited a sum of Rs. 60,000/- in the Appellate Court, pending the appeal. He submits that the applicants will deposit the balance amount i.e. Rs. 1,40,000/- within four weeks from today in this Court. The said statement is accepted. In view of the said statement, the sentence of the applicant No. 2 suspended and the applicant No. 2 is enlarged on bail on the following terms and conditions :

ORDER

(i) The applicant No. 2 be released on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount. 4.

The Application is allowed in the aforesaid terms and is accordingly disposed of.

5.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

SQ Pathan 2/2