Sony Tiles Through Prop Shri Shafi Daud Budye v. Alli Nurusaheb Maula Alias Maula Ali Nurusaheb Bepari

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by SATISH RAMCHANDRA SANGAR Date:

2024.06.29 14:29:10 +0530 CRIMINAL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR INTERIM APPLICATION NO. 1538 OF 2024 IN CRIMINAL REVISION APPLICATION NO. 312 OF 2019 Sony Tiles Through Proprietor : Shafi Daud Budye ...Applicant In the matter between:- Alli Nurusaheb Maula @ Maula Ali Nursaheb Bepari ...Applicant vs.

Sony Tiles Through Proprietor : Shafi Daud Budye and Anr.

...Respondents

***** Mr.Mohit Prabhakar Dalvi:- Advocate for Applicant.

Mr.Shaikh Abdul Azim Mohammed Hanif i/b.

Mr.Shashank C. Mangle:- Advocate for Respondent No.1.

Ms.Sangita E. Phad:- APP for Respondent No.2-State.

***** CORAM :

S. M. MODAK, J.

DATE :

26th JUNE 2024 P. C. :- 1.

Heard learned Advocate for the Complainant and learned 1/3

Advocate for the Applicant.

2.

The Applicant - Alli Nurusaheb Maula is convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 ("NI Act") by JMFC - Ratnagiri.

3.

The sentence is as follows:- (a) Rigorous imprisonment for two (2) months.

(b) Fine of Rs.73,000/- (Rupees Seventy Three Thousand Only). Out of which, Rs.70,000/- (Rupees Seventy Thousand Only) be paid to the Complainant by way of compensation.

4.

This Court has suspended the sentence as per the order dated 25th June 2019 on condition to deposit Rs.58,000/- (Rupees Fifty Eight Thousand Only). A copy of that receipt is annexed on Page No.17 of this Interim Application. Earlier, the amount of Rs.15,000/- (Rupees Fifteen Thousand Only) is deposited before the trial Court. 5.

In view of that, following order is passed:-

O R D E R

(i) Let the Respondent No.1 / Complainant be permitted to withdraw Rs.70,000/- (Rupees Seventy Thousand Only) from the trial Court subject to furnishing an undertaking 2/3

that he will refund the amount along with interest, if directed by this Court.

(ii) This direction is given on assumption that entire amount of Rs.73,000/- is deposited.

6.

In view of the above, Interim Application stands disposed of. 7.

Stand over to 22nd July 2024.

[S. M. MODAK, J.] 3/3