Bombay High Court
Manoj S/O. Shrikrishan ... vs M/S. Loyda Metal & Energy Ltd., ... on 31 July, 2017
Bench: V.M. Deshpande
Judgment
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL REVISION APPLICATION NO.201 OF 2016
Manoj s/o Shrikishan Maheshwari,
Aged 58 years, Occupation Business,
R/o Plot No.5, Rajnagar,
Nagpur. ..... Applicant.
:: VERSUS ::
1) M/s. Loyds Metal & Energy Ltd.,
A Company registered under the
Indian Companies Act, having its
Branch Office at 'Lokmat Bhawan'
A Block, 7th Floor, Ramdaspeth,
Nagpur, through its authorized
Signatory, Shri Bijay Kumar
Mishra.
2) Shimvmangal Ispat Pvt.Ltd.,
A Company registered under the
Indian Companies Act, having its
Office at Khasra No.221, Village
Mouda, Nagpur - 441 107 and also
At 3, Golden Palace Building,
Dharampeth, Nagpur - 440 010.
3) Shri Nitin Manoj Maheshwari,
Aged 36 years, Occupation Business,
.....2/-
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Director, Shivmangal Ispat Pvt.Ltd.,
Office at Khasra No.221, Village
Mouda, Nagpur - 441 107. ..... Non-applicants.
================================================================
Shri M.V. Samarth, Counsel for the applicant.
Smt. R. Dewani, Counsel for non-applicant No.1.
Shri Radhe Agrawal, Counsel for non-applicants Nos.2 & 3.
================================================================
CORAM : V.M. DESHPANDE, J.
DATE : JULY 31, 2017.
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard
finally by consent of learned counsel appearing for the
parties.
2. The applicant is convicted by learned 22 nd Judicial
Magistrate First Class at Nagpur in Summary Complaint Case
No.2176 of 2013 dated 10.8.2016 for the offence punishable
under Section 138 of the Negotiable Instruments Act, 1881.
3. Aggrieved by the said, a statutory appeal is filed
.....3/-
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before the Appellate Court. The appeal is registered as
Criminal Appeal No.172 of 2016. In the said appeal, an
application for suspension of substantive jail sentence was
moved since learned Magistrate directed that the applicant to
suffer 6 months simple imprisonment and to pay
compensation of Rs.50.00 Lacs.
4. The said application in Criminal Appeal No.172 of
2016 is at Exhibit 7. Learned Additional Sessions Judge-3 at
Nagpur suspended substantive jail sentence on the condition
that applicant to deposit 1/5th of total compensation amount
(Rs.50.00 lacs) i.e. Rs.10.00 lacs and fine amount and also to
furnish a solvent surety of Rs.15,000/- with P.R. Bond in the
like amount.
This is the order under challenge in the present
criminal revision application.
.....4/-
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5. Heard learned counsel Shri M.V. Samarth for the
applicant and learned counsel Smt. R. Dewani for non-
applicant No.1 original complainant.
6. Learned counsel Shri M.V. Samarth for the
applicant submits that the applicant was not a Director at the
relevant time. Therefore, condition is onerous and is required
to be set aside.
7. I am afraid that this submission can be
entertained at this stage in view of the fact that the appeal,
filed on behalf of the applicant, is still pending before the
Sessions Court. Any observations by this Court, in view of the
submissions made by learned counsel for the applicant, will
be prejudging the issue.
8. A litigant has a right to file an appeal before the
Appellate Court. After hearing the parties, I am of the opinion
.....5/-
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that deposit of Rs.10.00 lacs can be scaled down to Rs.5.00 lacs
in the interests of justice. In that view of the matter, I pass
the following order:
ORDER
i) Substantive jail sentence, passed by learned 22 nd
Judicial Magistrate First Class at Nagpur in
Summary Complaint Case No.2176 of 2013 dated
10.8.2016, shall remain suspended till the decision
of Criminal Appeal No.172 of 2016 pending on the
file of learned Additional Sessions Judge-3 at
Nagpur on condition that the applicant, before the
Appellate Court, to deposit Rs.5.00 lacs within a
period of 10 (ten) days from today.
ii) The applicant to execute Bail Bond of
Rs.15,000/- with one solvent surety.
.....6/-
Judgment
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iii) The applicant shall extend all cooperations to
the Appellate Court to dispose of the criminal
appeal.
iv) The Appellate Court is directed to dispose of
the appeal as early as possible within a period of
one year from the receipt of this order.
v) The amount deposited by the applicant shall be
invested by the Appellate Court in any
Nationalized Bank so as to save loss of interest.
With this, the criminal revision application is
partly allowed and disposed of.
JUDGE
!! BRW !!
...../-
