Sunil M Lahori vs The State Of Maharashtra And Anr
2022 Latest Caselaw 4937 Bom

                                                                                    1-REVN-190-2022.doc




                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         CRIMINAL APPELLATE JURISDICTION
                                     INTERIM APPLICATION NO. 1501 OF 2022
                                                      IN
                                 CRIMINAL REVISION APPLICATION NO. 190 OF 2022

                         Shri Sunil M. Lahori                          ...Applicant
         Digitally
         signed by             Vs.
                         1) The State of Maharashtra
         SHRADDHA
SHRADDHA KAMLESH
KAMLESH TALEKAR
TALEKAR  Date:
         2022.05.09      2) Mr.Shreegopal Darak                        ... Respondents
         15:47:23
         +0530


                                                       ****
                         Adv. Chawla Solanki a/w. Adv. H.H. Nagi i/b Nagi and Associates
                         for applicant.
                         Ms.G.P. Mulekar, APP for respondent No.1-State.
                                                          ****
                                             CORAM : N. J. JAMADAR, J.

DATE : 09th MAY, 2022 (VACATION COURT) P.C.:

1. Heard the learned counsel for the applicant.

2. Issue notice to the respondents, returnable on 20 th June

2022.

3. The learned APP waives notice for respondent No.1-State.

4. In addition to the notice through Court, the applicant is at

liberty to serve the respondent No.2 by private service and fle

affdavit of service.

5. The applicant has been convicted for the offence punishable

under section 138 of the Negotiable Instruments Act, 1881

alongwith the other co-accused Palmon Exports Kasez, a

Shraddha Talekar, PS 1/3 1-REVN-190-2022.doc

partnership frm, and Ronak @ Ranuak S. Lahori, and sentenced

to suffer Simple Imprisonment for the period of six months, and

pay compensation of Rs.11,00,000/- with default stipulation, by

the learned Metropolitan Magistrate, 7 th Court, Dadar, Mumbai in

C.C. No.851/SS/2014.

6. The appeal preferred by the applicant and co-accused, being

Criminal Appeal No.160 of 2019, came to be dismissed by the

learned Additional Sessions Judge, Greater Mumbai, by judgment

and order dated 30th April 2022.

7. The learned counsel for the applicant submits that

immediately after pronouncement of the judgment, the applicant

was taken in custody and has been committed to prison to

undergo the sentence. The applicant was on bail during the

pendency of trial as well as appeal.

8. The learned counsel further submits that as against the

value of the subject cheque of Rs.7,00,000/-, the applicant and

co-accused have deposited a sum of Rs.2,20,000/-. The learned

counsel submits that the applicant is ready to make a further

deposit of a reasonable amount.

9. In view of the aforesaid submissions, by way of ad-interim

relief, the substantive sentence imposed by the learned

Shraddha Talekar, PS 2/3 1-REVN-190-2022.doc

Metropolitan Magistrate, 7th Court, Dadar, Mumbai in C.C.

No.851/SS/2014 dated 22nd January 2019 and confrmed by the

learned Additional Sessions Judge, Greater Bombay in Criminal

Appeal No. 160 of 2019, by judgment and order dated 30 th April

2022, stands suspended, subject to deposit of an amount of

Rs.3,00,000/- by the applicant before the learned Metropolitan

Magistrate, 7th Court, Dadar, Mumbai, within a period of four

weeks from today.

10. In the meanwhile, the applicant Mr.Sunil M. Lahori be

released on bail on furnishing a P.R. Bond of Rs.15,000/-, with

one or two sureties in the like amount to the satisfaction of the

learned Metropolitan Magistrate.

11. In the event, the applicant commits default in depositing the

amount of Rs.3,00,000/-, within the said period, this order would

stand vacated automatically, without further reference to the

Court.

12. All concerned to act on an authenticated copy of this order.

                                                              (N. J. JAMADAR, J.)




Shraddha Talekar, PS                                                                    3/3