Abdul Qayyum A.H. Khan vs 1]M/S.Sjlt Spinning Mill Pvt. ...
2023 Latest Caselaw 3627 Bom

                                                             3-REVN-84-2023 .doc


 VRJ
          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                CRIMINAL APPELLATE JURISDICTION

          CRIMINAL REVISION APPLICATION NO.84 OF 2023

 Abdul Hameed S. Khan Proprietor of
 Citizen Textiles                              ... Applicant
             V/s.
 SJLT Spinning Mill Pvt. Ltd. Through its,
 Authorized Representative Punit Kumar
 Bhartia & Anr.                                ... Respondents

                             WITH
             INTERIM APPLICATION NO. 1295 OF 2023
                             WITH
             INTERIM APPLICATION NO. 1294 OF 2023
                              IN
          CRIMINAL REVISION APPLICATION NO.84 OF 2023

 Abdul Hameed S. Khan Proprietor of
 Citizen Textiles                              ... Applicant
             V/s.
 SJLT Spinning Mill Pvt. Ltd. Through its,
 Authorized Representative Punit Kumar
 Bhartia & Anr.                                ... Respondents

 Mr. Satyam R. Gaud for the applicant.
 Ms. M.R. Tidke, APP for the State.

                               CORAM    : AMIT BORKAR, J.

                               DATED    : APRIL 12, 2023


 P.C.:

1. Issue notice to respondent No.1, returnable on 5th July 2023.

2. The revision arises out of conviction and sentence imposed

3-REVN-84-2023 .doc

by court below for offence under section 138 of the Negotiable Instruments Act, 1881. Apart from imposing sentence of simple imprisonment of three months, the court below has imposed fine amount of Rs.8,80,000/-. The applicant has already deposited amount of Rs.1,86,000/- before the Sessions Court.

3. Considering the reasons assigned in the impugned order and the submissions made on behalf of the applicant that there is serious dispute about issuance of cheque, the applicant has made out a case of suspension of sentence.

4. The sentence imposed by the learned Metropolitan Magistrate, Mazgaon (Sewree), Mumbai in C.C. No.1142/SS/2016 dated 31st October 2018 confirmed by judgment and order passed by the Principal Sessions Judge, Greater Mumbai in Criminal Appeal No.791 of 2018 dated 20 th March 2023 is suspended till the next date subject to payment of Rs.4,73,500/- within eight weeks from today.

5. The direction regarding forfeiture of Rs.20,000/-, clauses 3 and 4 of the Appellate Court's order dated 20th March 2023 shall also remain stayed till the next date.

6. There shall be ad interim relief in terms of prayer clauses (d) and (e) till 5th July 2023.

7. It is made clear that if the amount as directed above is not deposited, the ad-interim relief shall stand vacated forthwith without further reference to the Court.

(AMIT BORKAR, J.)