Bombay High Court
M/S. Kohinoor Industries And Anr vs A To Z Steelloys Pvt Ltd (Through Its ... on 15 January, 2024
Author: Prakash D. Naik
Bench: Prakash D. Naik
10-APL-38-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 38 OF 2024
M/s. Kohinoor Industries And Anr ... Applicants
Versus
M/s. A To Z Steelloys Pvt. Ltd.
(Through Its Manager Mr. Vijay
Dayhyabhai Darji) And Anr. ...Respondents
....
Mr. Ashwin Thool a/w Mr. Sarthak B., Mr. Himanshu Patil i/by Mr. Ravi
Jadhav, Advocate for the Applicants.
Mr. Y. Y. Dabake, APP for the Respondent No.2 - State.
....
CORAM : PRAKASH D. NAIK, J.
DATE : 15th JANUARY, 2024.
P.C.:
1. Leave to amend the prayer clauses. Amendment may be
carried out forthwith.
2. The applicant No.2 is the sole proprietor of applicant No.1.
The Applicants are convicted for offence under Section 138 of the
Negotiable Instrument Act vide Judgment and order dated
7th December, 2022 passed by the learned Metropolitan Magistrate
14th Court at Girgaon, Mumbai and sentenced to suffer
imprisonment for three months and to pay amount of
Sajakali Jamadar 1 of 3
10-APL-38-2024.doc
Rs.1,00,77,722/- (Rupees One Crore Seventy Seven Thousand and
Seven Hundred Twenty two Only). The applicants had challenged
the Judgment of conviction before the Sessions Court by preferring
an appeal. Vide order dated 4th May 2023, the learned Additional
Sessions Judge suspended the sentence imposed by the trial Court,
subject to condition that the applicants shall deposit 40% amount
of compensation imposed by the trial Court within a period of 60
days before the same Court. The applicants thereafter preferred an
application for modification of the order dated 4th May 2023. The
said application was rejected on 3rd August, 2023.
3. The learned counsel for the applicants submits that the trial
Court has directed the applicants to deposit 40% amount of the
compensation. The discretion is arbitrary. The applicants are
willing to deposit 20% amount of the compensation imposed by the
trial Court. The applicant No.2 is a lady. The sentence is already
suspended by the Appellate Court.
4. Issue notice to Respondent No.1, returnable on 12 th February,
2024.
5. In the meantime the operation of the order dated 4 th may
2023 to the extent of payment of 40% compensation amount is
stayed till the next date of hearing.
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10-APL-38-2024.doc
6. No coercive steps in the nature of arrest on account of
conviction be initiated against the applicant till next date of
hearing.
7. Without prejudice to the contention of the Respondents,
presently the applicants are permitted to deposit 20% amount of
compensation in the Sessions Court before 12th February, 2024.
(PRAKASH D. NAIK, J.)
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