Ms Smart Options Service vs Miss Archana Dinesh Shah Through ...
2023 Latest Caselaw 4667 Bom

                                                           905-ia-1728-2023.doc


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

             INTERIM APPLICATION NO.1728 OF 2023
                              IN
         CRIMINAL REVISION APPLICATION NO.123 OF 2023


 Smart Options Service & Anr.                 ... Applicants
            V/s.
 Archana Dinesh Shah Through PoA to
 Utkarsh Dinesh Shah & Anr.                   ... Respondents


 Mr. Abhishek Yende with Mr. Sagar Paspohe with Ms.
 Surbhi Agrawal for the applicants.
 Mr. Jatin P. Shah with Ms. Snehankita Munj with Ms.
 Shraddha Kamble with Ms. Priti S.G. for the
 respondent No.1.
 Ms. M.R. Tidke, APP for the respondent No.2/State.



                               CORAM    : AMIT BORKAR, J.

                               DATED    : MAY 3, 2023
 P.C.:

1. The revision application arises out of conviction and sentence in a prosecution under section 138 for the Negotiable Instruments Act, 1881. The applicant has been convicted to undergo simple imprisonment till rising of the Court and to pay fine of Rs.3,24,000/-. The appeal against the said judgment has been dismissed.

2. Learned advocate for the applicant states that the applicant is ready to deposit amount of Rs.3,24,000/- within one month

905-ia-1728-2023.doc

from today.

3. The applicant shall file undertaking within two weeks from today stating that she will deposit remaining amount of fine till 12th June 2023.

4. Based on the undertaking and considering the facts and reasons in the impugned judgment, the applicant has made out a case for suspension of sentence.

5. Hence, following order.

i. The sentence imposed by the learned Metropolitan Magistrate 20th Court at Mazgaon, Mumbai in S.C.C. No.828/SS/2015 dated 30th May 2019, confirmed by the learned Additional Sessions Judge Greater Mumbai in Criminal Appeal No.519 of 2018 dated 29 th March 2023 is suspended, subject to payment of balance amount of Rs.2,43,000/- in this Court within one month from today.

ii. It is made clear that if the applicant fails to deposit balance amount of fine of Rs.2,43,000/- in this Court within one month from today as directed by the learned Magistrate, the order of suspension of sentence shall stand vacated forthwith without further reference to the Court.

6. Stand over to 21st July 2023.

(AMIT BORKAR, J.)