Ravivansh Narayan Mathur And Ors vs M/S Prompt Toys Pvt Ltd And Anr
2022 Latest Caselaw 11927 Bom

                      Tauseef Farooqui                                    11-REVN.406.2022.doc
TAUSEEF
LAIQUEE
FAROOQUI                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
TAUSEEF LAIQUEE
                                     CRIMINAL APPELLATE JURISDICTION
FAROOQUI
Date: 2022.11.21
19:05:56 +0530                CRIMINAL REVISION APPLICATION NO.406 OF 2022

                      Ravivansh Narayan Mathur & Ors.                 ...Applicants
                           V/s.
                      M/s. Prompt Toys Pvt. Ltd. & Anr.               ...Respondents

                                                 WITH
                                  INTERIM APPLICATION NO.3811 OF 2022
                                                 WITH
                                  INTERIM APPLICATION NO.3810 OF 2022
                                                   IN
                              CRIMINAL REVISION APPLICATION NO.406 OF 2022

                                                        *****
                      Mr. R. B. Mokashi for Applicants.
                      Mr. M. Y. Dangarge for Respondent No.1.
                      Mr. A. R. Patil, APP for Respondent No.2 (State).
                                                    *****
                                               CORAM    :         AMIT BORKAR, J.

                                               DATE           :   NOVEMBER 21, 2022

                      P.C.:

1. Revision arises out of conviction in a proceedings under Section 138 of Negotiable Instruments Act, 1881. Learned Magistrate by judgment and order dated 6th October 2017, in addition to sentence of three (3) months directed applicants to compensation of Rs.1,44,08,248/- alongwith 9% from the date of complaint till its realization.

2. Learned advocate for the applicants, on instructions, states that the applicants are ready and willing to deposit Rs.50

Tauseef Farooqui 11-REVN.406.2022.doc

lakh within four (4) weeks from today.

3. Hence, the following order is passed:-

(i). The substantive sentence of imprisonment and payment of compensation as per order dated 6 th October 2022, passed by the Metropolitan Magistrate, 07th Court, Dadar, Mumbai is suspended till 22nd December 2022, subject to condition that the applicants shall pay an amount of Rs.50 lakh.

(ii). Applicant shall pay the complainant an amount of Rs.50 lakh before 21st December 2022.

(iii). It is made clear that no further extension shall be granted on any count to the applicants.

(iv). It is made clear that, if the applicants fail to pay amount of Rs.50 lakh before 21st December 2022, the order of suspension shall stand vacated without further reference to the Court.

(AMIT BORKAR, J.)