Bombay High Court
Lakkshyaa Buildwell(India) ... vs The State Of Maharashtra And Anr on 13 July, 2021
Bench: R.P. Mohite-Dere
45-IA-1717-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 1717 OF 2021
IN
CRIMINAL REVISION APPLICATION NO. 139 OF 2021
1. Lakkshyaa Buildwell (India) Pvt. Ltd.
2. Lakshya Baid ...Applicants
Versus
The State of Maharashtra & Anr. ...Respondents
Mr. Jigar K. Agarwal i/b Mr. Aashish Dubey for the Applicants
Mr. A. D. Kamkhedkar, A.P.P for the Respondent No.1-State
None for the Respondent No. 2
CORAM : REVATI MOHITE DERE, J.
(THROUGH VIDEO-CONFERENCING)
TUESDAY, 13th JULY 2021
P.C. :
1 At the outset, learned counsel for the applicants seeks leave to
amend to insert the prayer for bail of applicant No. 2. Leave granted.
Amendment be carried out on or before tomorrow i.e. 14th July 2021.
2 Heard learned counsel for the parties.
SQ Pathan 1/5
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3 By this application, the applicant No. 2 seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal
of the revision application.
4 Learned counsel for the applicants states that the applicant
No.2, vide judgment and order dated 3rd September 2016 passed by the
learned Metropolitan Magistrate, 48th Court, Andheri, Mumbai, has been
convicted and sentenced as under:
for the offences punishable under Section 138 of the
Negotiable Instrument Act, to suffer imprisonment for 1 year and to
pay a fine of Rs.7,00,000/-, in default of payment of fine, to undergo
rigorous imprisonment for 6 months.
Out of the said fine amount, Rs. 6,50,000/- was to be paid to
the complainant i.e. respondent No. 2 as compensation under Section
357(1) of the Code of Criminal Procedure and Rs. 50,000/- was
directed to be confiscated to the State Government.
5 The said judgment and order convicting and sentencing the
applicant No. 2 as aforesaid was confirmed in appeal by the learned
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Additional Sessions Judge, City Civil & Sessions Court, Borivali Division,
Dindoshi, Mumbai, vide judgment and order dated 2 nd March 2020 passed
in criminal appeal No. 183/2016.
6 Learned counsel for the applicants has tendered an affidavit-
cum-undertaking of the applicant No.2. The same is taken on record. The
applicant No. 2 in the said affidavit-cum-undertaking has stated that he has
deposited Rs. 1,50,000/- towards compensation in the Registry of the
Sessions Court, in the appeal. In the said affidavit-cum-undertaking, the
applicant No.2 has undertaken to deposit the balance amount of
Rs. 5,50,000/- in three installments within three months i.e. Rs. 1,00,000/-
within one week i.e. by 20th July 2021; Rs. 2,50,000/- on or before 20th
August 2021 and the balance Rs. 2,00,000/- on or before 20 th September
2021. The affidavit-cum-undertaking dated 12th July 2021 signed by the
applicant No. 2 is accepted as an undertaking to this Court. The said
amounts to be deposited by the applicants in the Registry of this Court as
stated aforesaid.
7 Considering the aforesaid, the application is allowed and the
applicant No. 2's sentence is suspended and he is enlarged on bail, pending
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the hearing and final disposal of his revision application, on the following
terms and conditions :
ORDER
(i) The applicant No.2 be enlarged on bail on furnishing P.R. Bond
in the sum of Rs.15,000/- with one or two sureties in the like
amount;
(ii) The applicant No. 2 to abide by the affidavit-cum-undertaking
and deposit the amounts mentioned therein, in the Registry of this
Court;
(iii) The applicant No. 2 shall report to the trial Court, once in four
months on the day/date specified by the trial Court, till his revision
application is finally disposed of;
(iv) The applicant No. 2 shall not contact or threaten the
complainant, witnesses or any person concerned with the case;
(v) The applicant No. 2 shall keep the trial Court informed of his
current address and mobile contact number and/or change of
residence or mobile details, if any, from time to time;
SQ Pathan 4/5
45-IA-1717-2021.doc
8 The application is disposed of accordingly. Matter to be listed
under the caption `for compliance' of first deposit, on 22nd July 2021.
9 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 5/5
