M/S Sai Link Traders Through Its ... vs Donald D Souza
2024 Latest Caselaw 2236 Bom

Bombay High Court

M/S Sai Link Traders Through Its ... vs Donald D Souza on 24 January, 2024

Author: Prakash D. Naik

Bench: Prakash D. Naik

                                           1 of 2                     502.IA.328.2024.doc




             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  CRIMINAL APPELLATE JURISDICTION

                 INTERIM APPLICATION NO.328 OF 2024
                                 IN
             CRIMINAL REVISION APPLICATION NO.50 OF 2024

 M/s.Sai Link Traders through its
 Proprietor Sellamuttu Ravi                                           Applicant
             versus
 Donald D'souza and another                                           Respondents

 Mr.Sachin Hande, Advocate for Applicant.
 Mr.Arfan Sait, APP, for Respondent no.1 State.

                                    CORAM :    PRAKASH D. NAIK, J.

                                    DATE   :   24th January 2024
 PC :

 1.       Applicant is convicted for the offence u/s.138 of Negotiable
 Instruments Act               vide Judgment and Order dated 2 nd May 2022
 passed by Judicial Magistrate First Class, Karjat in Summary Criminal
 Case No.349 of 2017 and sentenced to suffer imprisonment for one
 month and to pay compensation of Rs.90,000/-.                             Applicant
 challenged the judgment of conviction by preferring Criminal Appeal
 No.46 of 2022 before the Court of Sessions, at Panvel.                            Vide
 Judgment and Order dated 20th January 2024 the appeal was
 dismissed.

 2.       Learned advocate for Applicant submitted that Applicant
 Sellamuttu Ravi, proprietor of M/s.Sai Link Traders, has been taken
 into custody on 20th January 2024.                 Applicant had deposited
 Rs.18,000/- during pendency of appeal before Sessions Court.
 Applicant is willing to deposit balance amount of compensation
 within two weeks from the date of his release.




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                                         2 of 2                      502.IA.328.2024.doc


          The statement is accepted as an undertaking given to this
 Court.

 3.       Issue notice to Respondent no.1 returnable on 26th February
 2024.

 4.       In the mean time, following order :

                                       ORDER

(i) The sentence imposed vide Judgment and Order dated 2 nd May 2022 passed by Judicial Magistrate First Class, Karjat in Summary Criminal Case No.349 of 2017 and confirmed by Court of Sessions, at Karjat in Criminal Appeal No.46 of 2022 vide Judgment and Order dated 20th January 2024 is suspended, and applicant Sellamuttu Ravi is directed to be released on bail on executing P.R bond in the sum of Rs.20,000/- with one or two sureties in the like amount;

(ii) The Applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of four weeks in lieu of sureties;

(iii) The Applicant shall deposit the balance amount of compensation in this Court on or before 7th February 2024;

 (iv)     Stand over to 26th February 2024.



                                            (PRAKASH D. NAIK, J.)
 MST