The accused No.2 is sentenced to suffer S.I. for 1 month.
The accused No.1 companypany, is sentenced to pay a fine of Rs.25,000/ Rupees Twenty Five Thousand only .
The first instalment of Rs.7,50,000/ shall be paid on or before 23 03 2006 and the second instalment of Rs.7,50,000/ shall be paid on or before 24 04 2006 in default of payment of the amount of companypensation the accused No.2 shall suffer further S.I. for 2 month.
5 lakhs each within four weeks from the said date.
3490 of 2006 B. Sinha, J. Leave granted.
1167 of 2006.
The Appellate Court by an order dated 27.4.2006 while admitting the appeal, directed them to deposit a sum of Rs.
An appeal was preferred thereagainst.
A writ petition was filed by the appellants questioning the legality of the said order which by reason of the impugned judgment has been dismissed.
Appellant to furnish fresh bail bond.
522 of 2007 Arising out of S.L.P. Crl.
With Criminal Appeal No.
521 of 2007 Arising out of S.L.P. Crl.
141 of Negotiable Instruments Act.
In default of payment of fine, the accused No.2 Mr. Dilip Dahanukar, the Chairman of accused No.1 and representative at the trial, shall suffer S.I. for 1 month.
Accused No.1 M s. Goodvalue Marketing Co. Ltd., a companypany registered and incorporated under the Companies Act, 1956 and Accused No.2 Appellant herein were companyvicted for companymission of an offence involving Section 138 of the Act by a judgment of companyviction and sentence dated 23.2.2006 holding The accused No.1 companypany M s. Goodvalue Marketing Co. Ltd. stands companyvicted for the offence punishable under Section 138 r.w.
3355 of 2006 Criminal Appeal No.
141 of Negotiable Instruments Act, 1881.
ii Right to prefer an appeal being a companystitutional right in terms of Article 21 of the Constitution of India, numbercondition companyld have been imposed in respect therefor or for suspension of sentence.
Interpretation of Section 357 of the Code of Criminal Procedure, 1973 the Code, for short vis vis the provisions of the Negotiable Instruments Act the Act, for short , as regards power to impose sentence of fine is involved in these appeals which arise out of a judgment and order dated 6.6.2006 passed by the High Court of Bombay in Criminal Writ Petition No.
The accused No.2 Mr. Dilip S. Dahanukar, stands companyvicted for the offence punishable under Section 138 r.w.
The accused No.2 is also directed to pay companypensation to the companyplainant, quantified sic at Rs.15,00,000/ Rupees Fifteen lakhs only , under Section 357 3 of Cr.
P.C. The accused No.2 is entitled to pay the amount of companypensation in two equal monthly instalments of Rs.7,50,000/ each.
