Smt. Sunanda Suresh Marathe v. Machindra Sakharam Mhatre And ANR

66_appr_318_2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.318 of 2015 IN CRIMINAL REVISION APPLICATION NO.287 OF 2013 Smt. Sunanda Suresh Marathe ...Applicant

Versus

Mr. Machindra Sakharam Mhatre & Anr.

...Respondents

.....

Mr. Vimlesh Singh for the Applicant.

Ms R.V. Newton, APP for Respondent No.2- State. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 28th SEPTEMBER, 2015.

P. C. :

By order dated 26th June, 2015 the Trial Court i.e. the Metropolitan Magistrate, 50th Court, Vikhroli, Mumbai, was directed to pay an amount of Rs.76,000/- to Respondent No.2 within a period of one week from the date of receipt of the order. The learned counsel for the Applicant has submitted that the amount of Rs.76,000/- was deposited before the City Sessions Court, Greater Mumbai and as such directions were to be given to the City Sessions Court and not to the Metropolitan Magistrate, 50th Court Vikhroli to pay the said amount. Megha 1/2

66_appr_318_2015 He has placed on record copy of receipt at Exh.-A, which shows that the amount has been deposited before the City Sessions Court, Greater Mumbai. Learned counsel for Respondent No.1 conceded that the amount of Rs.76,000/- has been deposited before the Sessions Court and that directions are required to be given to the City Sessions Court, Greater Mumbai to pay the amount of Rs.76,000/- to the Respondent No.1.

2.

In view of the undisputed facts, the words "the Trial Court i.e. the Metropolitan Magistrate, 50th Court, Vikhroli, Mumbai" in para No.2, line No.2 of the order dated 26.6.2015 shall be read as "City Sessions Court, Greater Mumbai". The order dated 26th June, 2015 stands modified to that extent only.

3.

The application stands disposed of.

(ANUJA PRABHUDESSAI, J.) CERTIFICATE Certified to be true and correct copy of the original signed Judgment /order.

Megha 2/2