Fixity Packaging Industries Pvt. ... vs Kaikhusru Jehangirji Daruwala ...
2021 Latest Caselaw 18002 Bom

Rane                       1/3          REVN-252-2021--SR.11
                                                   23.12.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

          CRIMINAL APPELLATE JURISDICTION

CRIMINAL REVISION APPLICATION NO. 252 OF 2021
                 ALONGWITH
    INTERIM APPLICATION NO. 3030 OF 2021
                 ALONGWITH
    INTERIM APPLICATION NO. 3028 OF 2021
        (SUPSENSION OF SENTENCE)


FIXITTY PACKAGING INDUSTRIES
PVT. LTD. & ANR.             } APPLICANTS
     V/S.
DOILY TEHMURAS MISTRI
& ANR.                        } RESPONDENTS


                         ****
Mr. Yashpal Thakur, Advocate for the applicants.

Smt. S.V. Sonawane, APP for State.


               Coram : Sandeep K. Shinde, J.

Thursday, 23rd December, 2021.

P.C. :

1. This Revision Application, questions the legality,

propriety and correctness of judgment and order in

Criminal Appeal No. 670/2018 passed by the Additional

Sessions Judge-9, by which the order of conviction for an

offence punishable under Sections 138 of the Negotiable Rane 2/3 REVN-252-2021--SR.11 23.12.2021

Instruments Act and sentenced to pay fne of

Rs.83,00,000/- (Rs. Eighty Three Lakhs) with default

stipulation, has been confrmed.

2. Heard Mr. Thakkar, learned Counsel for the

applicant.

3. Perused the judgments.

4. Applicants no.2 and 3 have fled an Affdavit

dated 22nd December 2021, affrmed at Pune before the

Notary. It is taken on record and marked "X-1" for

identifcation. Vide this Affdavit, the applicants have

agreed to deposit Rs.20,00,000/- (Rs. Twenty Lakhs) on/or

before 21st February, 2022 and Rs.30,00,000/- (Rs. Thirty

Lakhs) on/or before 4th May 2022, in the Registry of this

Court.

5. Affdavit is accepted as an Undertaking to this

Court.

Rane 3/3 REVN-252-2021--SR.11 23.12.2021

6. Issue notice to the respondent no.1, returnable

on 25th February, 2022.

7. In consideration of the facts of the case and in

view of the aforestated Undertaking, the impugned

sentence passed in Summary Criminal Case No. 4511/2007

by the 15th Joint Civil Judge Senior Division, Pune is

suspended and applicants no.2 and 3, are directed to be

released on bail on the same terms and conditions, on

which they were released on bail pending Criminal Appeal

No. 670/2018 but with fresh sureties.

8. Bond to be executed in trial Court.

9. Stand over to 25th February, 2022 for further

consideration.

           Digitally
           signed by
           NEETA
NEETA      SHAILESH
SHAILESH   SAWANT                               (Sandeep K. Shinde, J.)
SAWANT     Date:
           2021.12.23
           18:21:25
           +0530