Balveen Kaur Gandhi vs Kamraj Co Operative Crdit Society Ltd ...
2024 Latest Caselaw 1153 Bom

Bombay High Court

Balveen Kaur Gandhi vs Kamraj Co Operative Crdit Society Ltd ... on 17 January, 2024

Author: Prakash D. Naik

Bench: Prakash D. Naik

                                                                                          15-WP(ST)-1064-2024.doc




                                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CRIMINAL APPELLATE JURISDICTION

                                            CRIMINAL WRIT PETITION (ST) NO. 1064 OF 2024

                              Balveen Kaur Gandhi                                     ...Petitioner
                                    Versus
                              Kamraj Co-Operative Credit Society Ltd
                              And Anr.                                                ...Respondents
                                                               ....
                              Mr. Vinay Bhanushali a/w Mr. Sanmit Vaze, Mr. Govind Ghogare,
                              Advocate for the Petitioner.
                              Mr. Arfan Sait, APP for Respondent-State.
                                                                      ....
                                                                  CORAM       : PRAKASH D. NAIK, J.
                                                                  DATE        : 17th JANUARY, 2024.

                              P.C.:

                              1.              The Petitioner has been convicted for an offence under

                              Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I.

                              Act') vide Judgment and Order dated 19 th March, 2022 passed by

                              Learned Metropolitan Magistrate 20th Court, Mazgaon, Mumbai in

                              Criminal Case No.2002222/SS/2020. The Petitioner was sentenced

          Digitally signed
          by SUNNY
                              to suffer simple imprisonment till rising of the Court and to pay a
SUNNY     ANKUSHRAO
ANKUSHRAO THOTE
THOTE     Date:
          2024.01.20
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                              fine of Rs.11,86,918/-.

                              2.              The Petitioner has challenged the Judgment of conviction

                              by preferring the appeal before the Sessions Court. Since there was

                              delay in preferring an appeal, the Petitioner preferred an



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                                                                15-WP(ST)-1064-2024.doc




 application for condonation of delay. Vide Order dated 14 th July,

 2023 the sentence of imprisonment was suspended by Sessions

 Court subject to condition that the Petitioner shall deposit an

 amount of Rs.2,97,000/-. The Petitioner had deposited the amount

 of Rs.2,97,000/-. Subsequently, vide Order dated 1st November,

 2023 the application for condonation of delay has been rejected by

 by the Sessions Court.

 3.            Learned Advocate for the Petitioner submitted that the

 delay was of 477 days. The delay was explained. The Petitioner had

 complied the Order the Session Court by depositing an amount of

 Rs.2,97,000/-. Considering the aforesaid circumstances, I pass the

 following order;

                                   ORDER

i. Issue notice to Respondent No.1, returnable on 15th

February, 2024.

ii. In the meantime, the operation of interim order of

suspension dated 14th July, 2023 passed by the Sessions Court

suspending the sentence is restored and the same shall

continue till the next date of hearing.

                                                   (PRAKASH D. NAIK, J.)


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