Bombay High Court
Vexta Laboratories Pvt Ltd And Anr vs Kalpdrum Enterprises Through Its ... on 6 September, 2023
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.287 OF 2023
1. Vexta Laboratories Pvt. Ltd. &
2. Sujeet Kumar Singh ..... Applicants
Versus
Kalpdrum Enterprises and another .... Respondents
.....
WITH
INTERIM APPLICATION NO.3248 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.287 OF 2023
.....
WITH
INTERIM APPLICATION NO.3246 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.287 OF 2023
-----
Mr. Raghavendra S. Mehrotra, Advocate i/b. Lawkhart Legal,
for the Applicants.
Mr. S.H. Patel, Advocate for the Respondent No.1.
Mr. A.R. Patil, APP for the Respondent No.2-State.
-----
CORAM : SARANG V. KOTWAL, J.
DATE : 06th SEPTEMBER, 2023
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Deshmane(PS)
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P.C. :
1. The Applicants were the original accused Nos.1
& 2 in C.C. No.3110/SS/2015 before the Metropolitan
Magistrate, 23rd Court, Esplanade, Mumbai. They were
convicted under Section 138 of the Negotiable Instruments
Act, 1881. The Applicant No.2 was sentenced to suffer SI for
one year. The Applicants were directed to pay compensation
of Rs.4,67,844/- along with interest @ 10% per annum from
the date of filing of the complaint till the actual realization
of entire amount. This judgment and order dated 23.2.2022
was challenged by the Applicants before the Court of
Sessions vide Criminal Appeal No.157/2022. Said Appeal
was dismissed on 4.9.2023 by the Additional Sessions Judge,
Greater Mumbai. The Applicant No.2 is taken in custody.
2. Heard Mr. Raghavendra Mehrotra, learned
counsel for the Applicants, Mr. S.H. Patel, learned counsel
for the Respondent No.1 and Mr. A.R. Patil, learned APP for
the Respondent No.2-State.
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3. The case arises out of dishonor of the cheque for
the amount of Rs.4,67,844/-. The complainant i.e. the
Respondent No.1 supplied 1500 kg of paracetamol B.P.. In
repayment of the liability, this cheque was issued which was
dishonored.
4. Learned counsel for the Applicants submitted
that during pendency of the Appeal, the Applicants have
deposited 20% of the cheque amount which roughly comes
to Rs.93,568/-. On instructions, he states that the Applicants
have no objection if the said amount is withdrawn by the
complainant subject to an undertaking. He further states
that today he has a cheque in the sum of Rs.1,41,000/- in
the name of the complainant which shall be handed over to
the complainant who is present in the Court immediately. He
further states, on instructions, that the Applicants will pay
the balance amount of subject cheque directly to the
complainant within eight weeks from today. The statement
is recorded and accepted.
5. Based on this bonafide intention shown by the
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Applicants, today I am inclined to grant interim bail to the
Applicant No.2 by suspending the sentence by way of ad-
interim relief till the next date. Both learned counsel for the
parties advanced some arguments on merits, which shall be
considered on the next occasion for the admission of the
Revision Application. For the purpose of admission of
Revision Application, record and proceedings can be called.
6. Hence, the following order:
:: O R D E R ::
i. Call record and proceedings;
ii. Learned counsel for the Applicants shall handover
cheque in the sum of Rs.1,41,000/- to the learned
counsel for the complainant today in the Court.
This payment is subject to the final outcome of the
present Revision Application.
iii. The Applicants shall pay the balance amount of the
subject cheque directly to the complainant within a
period of eight weeks from today. This payment will
also be subject to the final outcome of the present
Revision Application.
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iv. The Respondent No.1-orig.complainant is permitted
to withdraw the amount which the Applicants have
deposited in the Appellate Court on executing an
undertaking in the form of affidavit that such
withdrawal would be subject to the final outcome
of the Revision Application.
v. By way of ad-interim relief, till the next date, the
Applicant No.2 is directed to be released on bail on
his executing a PR bond in the sum of Rs.30,000/-
(Rupees Thirty Thousand Only). The sentence on
the Applicant No.2 is suspended till the next date.
vi. It is made clear that this is an interim order. It shall
operate till the next date.
vii. Stand over to 6.12.2023.
(SARANG V. KOTWAL, J.)
Deshmane (PS)
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