Poonam Dinesh Pandya vs Sushil Financial Services Pvt. ...
2023 Latest Caselaw 3904 Bom

                                                              16-ia-1331-2023.doc


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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                INTERIM APPLICATION NO.1331 OF 2023
                                IN
            CRIMINAL REVISION APPLICATION NO.90 OF 2023


 Poonam Dinesh Pandya                         ... Applicant
            V/s.
 Sushil Financial Services Pvt Ltd and
 Anr.                                         ... Respondents


 Ms. Munira Palanpurwala for the Applicant.
 Mr. Imtiyaz Patel for Respondent No.1
 Mr. Jayesh Bhagwat Representative of Respondent No.1
 is present.
 Ms. M.R. Tidke, APP for the State/Respondent No.2.


                               CORAM    : AMIT BORKAR, J.

                               DATED    : APRIL 19, 2023
 P.C.:

1. The revision arises out of conviction and sentence imposed under Section 138 of the Negotiable Instruments Act, 1881. The applicant is directed under the provisions of Section 138 of the Negotiable Instruments Act, 1881 to suffer simple imprisonment for a period of six months. Additionally, the applicant has been directed to pay compensation in the amount of Rs.5,50,000/-.

2. The learned advocate for the applicant states that the applicant is in jail. The applicant is ready to deposit the amount of Rs.3,00,000/- within two weeks from today. She states that the

16-ia-1331-2023.doc

husband of the applicant is present in Court and on his instructions she has made the statement of deposit. Hence, following order:

3. The sentence imposed by judgment and order dated 24 th November 2017 passed by the learned Metropolitan Magistrate, 16th Court, Ballard Pier, Mumbai in C.C. No.4173/SS/2011 confirmed by judgment and order dated 28th February 2023 passed by the learned Additional Sessions Judge, Greater Mumbai, C.R. No.10 in Criminal Appeal No.805 of 2018 stands suspended, subject to condition that the applicant within two weeks from today deposit amount of Rs.3,00,000/- in this Court.

4. It is made clear that if the applicant fails to deposit the amount of Rs.3,00,000/- within two week from today, the order of suspension and sentence shall stand revive without further reference to the Court.

5. The applicant be released on bail on furnishing cash surety in the amount of Rs.5,000/-;

6. The applicant shall furnish P.R. Bond of Rs.5,000/- and one surety in the like amount within two weeks from the date of release of the applicant.

7. Stand over to 4th May 2023.

(AMIT BORKAR, J.)