Disposed

M-S Chinmay Air Tech Pvt. Ltd. and Anr. v. M-S Marine Electronics and Navigation System Pvt. Ltd. and Anr.

Bombay HC24 May 2024IA/2101/2024

Case brief

AI extract

What is this about?

Applicants convicted for cheque dishonour offences sought suspension of conviction pending revision against appellate confirmation. The court admitted the revision application, suspended the conviction and sentence, and released Applicant No.2 on bail with a P.R. bond of Rs.25,000, permitting cash security in lieu of surety for two weeks.

What did the court decide?

Conviction and sentence suspended pending revision; Applicant No.2 released on bail on P.R. Bond Rs.25,000 with surety; two weeks allowed to furnish surety.

M-S Chinmay Air Tech Pvt. Ltd. and Anr. vs M-S Marine… — Cheque Dishonour | Bombay HC (2024)

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

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 2101 OF 2024

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CRIMINAL REVISION APPLICATION NO. 212 OF 2024

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

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Versus

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

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

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CORAM: SHYAM C. CHANDAK, J.

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(Vacation Court) DATE : 4th JUNE 2024

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PC :

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JYOTI RAJESH MANE

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Digitally signed by JYOTI RAJESH MANE Date: 2024.06.05 16:27:04 +0530

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1. Not on board. Mention. Taken on board. Perused the original

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record.

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The Revision Application filed by the Applicants against the Judgment and Order dated 10^th 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 23^rd September 2015 in S.C.C.No. 1537/2011 passed by learned

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

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J.M.F.C. Thane, is admitted. The offence is bailable. The Applicant No.2’s substantive sentence will be over on 9^th June 2024. The Applicants have deposited the entire fine amount of Rs.2000/- and the compensation amount totaling to Rs. 5,25,000/- .

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In view thereof, the Application deserves to be allowed. Hence following order:

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i) Pending the Revision Application, the conviction and

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sentence of the Applicants under Section 138 read with 141 of the Negotiable Instruments Act, as per the Judgment and Order dated 23^rd 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.

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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.

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

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

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and when required by this Court for expeditious disposal of the same.

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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.

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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.

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vi) Interim Application is disposed of accordingly.

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

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(SHYAM C. CHANDAK, J.)

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M-S Chinmay Air Tech Pvt. Ltd. and Anr. v. M-S Marine Electronics and Navigation System Pvt. Ltd. and Anr.

Case brief

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M-S Chinmay Air Tech Pvt. Ltd. and Anr. v. M-S Marine Electronics and Navigation System Pvt. Ltd. and Anr.

Case brief

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What did the court decide?

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