M-S Chinmay Air Tech Pvt Ltd And Anr vs M-S Marine Electronics And Navigation ...
2024 Latest Caselaw 15503 Bom

Bombay High Court

M-S Chinmay Air Tech Pvt Ltd And Anr vs M-S Marine Electronics And Navigation ... on 4 June, 2024

 2024:BHC-AS:22750


                   Jyoti                                               502-IA-2101-24 IN Revnl-212-2024.doc



                                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                        CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 2101 OF 2024
                                                      IN
                                 CRIMINAL REVISION APPLICATION NO. 212 OF 2024

                   M/s. Chinmay Air Tech Pvt. Ltd. & Anr.                        .. Applicants

                           Versus

                   M/s. Marine Electronics and Navigation Systems
                   Pvt. Ltd. & Anr.                                              .. Respondents

                   Mr. Apoorv Vijay Singh for the Applicants.
                   Mr. Mayur S.Sonavane, APP for the Respondent No.1-State.


                                                    CORAM: SHYAM C. CHANDAK, J.

(Vacation Court) DATE : 4th JUNE 2024

PC :

1) Not on board. Mention. Taken on board. Perused the original JYOTI RAJESH MANE record.

2) The Revision Application filed by the Applicants against the

Judgment and Order dated 10th May, 2024, passed by Additional Sessions

Judge, Thane, in Criminal Appeal No.182/2015 thereby upholding their

conviction and sentence for the offence punishable under Section 138 read

with 141 of the Negotiable Instruments Act as per Judgment and the Order

dated 23rd September 2015 in S.C.C.No. 1537/2011 passed by learned

Jyoti 502-IA-2101-24 IN Revnl-212-2024.doc

J.M.F.C. Thane, is admitted. The offence is bailable. The Applicant No.2's

substantive sentence will be over on 9th June 2024. The Applicants have

deposited the entire fine amount of Rs.2000/- and the compensation

amount totaling to Rs. 5,25,000/- .

3) In view thereof, the Application deserves to be allowed. Hence

following order:

i) Pending the Revision Application, the conviction and

sentence of the Applicants under Section 138 read with 141 of

the Negotiable Instruments Act, as per the Judgment and Order

dated 23rd September, 2015 passed by the learned J.M.F.C.,

Thane in S.C.C.No.1537/2021, and further confirmed by the

impugned Judgment and Order dated 10 th May, 2024 passed by

the learned Additional Sessions Judge, Thane, in Criminal

Appeal No.182/2015, is suspended.

ii) Pending the Revision Application, the Applicant No.2 Shri.

Manish Dixit be released on bail on his furnishing P.R. Bond in

the sum of Rs.25,000/- (Rs. Twenty Five Thousand) with one

surety in the like amount.

Jyoti 502-IA-2101-24 IN Revnl-212-2024.doc

iii) The Applicant No.2 shall attend the Revision Application as

and when required by this Court for expeditious disposal of the

same.

iv) As requested by the learned Advocate for the Applicants, the

Applicant No.2 is granted two weeks time to furnish surety, however

Applicant No.2 be released on bail on his executing P.R. Bond in the

sum of Rs.25,000/- and depositing Cash Security of Rs.25,000/- in

lieu of surety bond for the period of two weeks.

v) The Applicant No.2 is permitted to furnish the P.R. Bond and

surety bond coupled with the Cash Security either in the trial Court

or in the Appellate Court at Thane, wherever the original Record

and Proceedings are available.

vi) Interim Application is disposed of accordingly.

vii) Parties to act on authenticated copy of this Order.

(SHYAM C. CHANDAK, J.)