Hemant Maheshchandra Maniar vs The State Of Maharashtra
2021 Latest Caselaw 14088 Bom

Rane                          1/3        REVN-178-2021--sr.16
                                                    29.9.2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

              CRIMINAL APPELLATE JURISDICTION

       CRIMINAL REVISION APPLICATION NO. 178/2021


Mr. Hemant Maheshchandra Maniar           .....Applicant

       V/s.

The State of Maharashtra
and anr.                                  .....Respondents

                       ****


Mr. Kunal Jha, Advocate for the applicant.

Mr. A.R. Patil, APP for State.


                  Coram : Sandeep K. Shinde, J.

29th September, 2021.

P.C. :

1. Heard.

2. This Revision challenges the judgment and order dated 20th August, 2021 in Criminal Appeal No.24/2017 passed by the Additional Sessions Judge, Greater Mumbai whereby the conviction of the applicant Rane 2/3 REVN-178-2021--sr.16 29.9.2021

under Section 138 and order of sentence passed by the Metropolitan Magistrate, 7th Court, Dadar has been upheld.

3. Learned Counsel for the applicant submits that, the applicant is not the proprietor of M/s. Kohinoor Sales Agency, but one Maheshchandra K. Maniar. He relies on a Certificate issued by the Bank of Baroda to submit, that the Account of M/s. Kohinoor Sales Agency is being operated by Maheshchandra Maniar, as a Proprietor and applicant, as a Mandatee. Submission is that, the complaint itself was not maintainable since the Proprietor of M/s. Kohinoor Sales Agency was not impleaded as an accused.

3. Be that as it may, the learned Counsel for the applicant has volunteered to deposit fine, Rs.4,95,000/- (Rs. Four Lakhs Ninety Five Thousand) in the Registry of this Court within four weeks from today.

4. Statement is accepted as an Undertaking to this Court.

Rane 3/3 REVN-178-2021--sr.16 29.9.2021

5. In consideration of the applicant's willingness to deposit Rs.4,95,000/-, the operation and execution of the impugned sentence, is suspended till the next date.

6. Stand over to 26th October, 2021 for further consideration.

NEETA SHAILESH SAWANT Digitally signed by NEETA SHAILESH SAWANT Date: 2021.09.29 17:06:44 +0530

(Sandeep K. Shinde, J.)