MHCC020047122022
IN THE COURT OF SESSIONS OF GREATER BOMBAY
AT MUMBAI
COMMON ORDER
IN
MISC. APPLICATION NO. 666 OF 2022
AND
BAIL APPLICATION NO.837 OF 2022
IN
CRI. APPEAL NO. 380 OF 2022
(C.C. No. 2261/SS/2019)
Imran Shaikh
Prop. Of Selection Foam Centre
Aged 37 yrs., Occu- Business,
Aadhar 44655086 0006,
Crescent Chambers, Office No.10,
Tamarind Lane, Fort, Mumbai-01.
Versus.

]
]
]
]
]
] .Applicant (Orig. Accused)
1. Durga Puf (Silvassa) Pvt. Ltd.
9, Kitab Mahal, 1st Floor,
Dr. D.N.Road, Fort, Mumbai-01
through its Constituted Attorney
]
]
]
] ..Respondent No.1/Original
Complainant
] .. Respondent No.2.

2. State of Maharashtra
APPEARANCES:
Mr. Saurabh Redekar Ld. Advocate for the applicant.
Mr. D.S.Laxman, Ld. Advocate for respondent No.1.
Ms. S. S. Joshi, Ld. APP for State/respondent No.2.
CORAM :
DATED :
SMT. PRIYA P. BANKAR
Addl. Sessions Judge(C.R. NO. 18)
3rd OCTOBER, 2022.

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Common Order in
MA 666/22 and B.A. 837/22
COMMON ORDER
This Misc. Application No.666 of 2022 is filed by an
applicant for suspension of execution of sentence of order dated
07/12/2021, passed by learned Metropolitan Magistrate, 33rd Court,
Ballard Pier, Mumbai in C.C. No. 2261/SS/2019 and Criminal Bail
Application No. 837 of 2022 is filed to release the accused on bail
during pendency of appeal.
2.

Heard Mr. Saurabh Redekar, Ld. advocate for the applicant
as well as D.S.Laxman Ld. Advocate for respondent No. 1 and Ms. S.S.
Joshi, Ld. SPP for respondent no.2/State. Perused the judgment of the
Ld. Metropolitan Magistrate, 33rd Court, Ballard Pier, Mumbai, dated
07/12/2021 convicting the accused for the offence punishable under
section 138 of the NI Act and sentencing to suffer SI for 6 months and
further directed to pay compensation of Rs.3,50,000/- to the
complainant within 3 months and if not paid within 3 months interest
@ 9% p.a. to be levied on this amount till its realization and in default
to suffer further SI for 2 months.
3.

It is submitted by Ld. Advocate for the applicant that he has
preferred appeal against the order passed by the Ld. Metropolitan
Magistrate, 33rd Court, Ballard Pier, Mumbai and he has chances to
succeed in the appeal. He was on bail during the pendency of the
appeal and has submitted to release him on bail. It is also submitted on
behalf of the applicant that during the pendency of trial he has
deposited Rs.5,000/- in the trial court. As per the applicant, he has
preferred this appeal and has also showed readiness and willingness to
deposit 20% amount during the pendency of the appeal.

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4.

Common Order in
MA 666/22 and B.A. 837/22
Considering the submissions on behalf of the applicant and
that the trial is pending and time will be required to dispose of the said
appeal, I find that both the applications deserves to be allowed. Hence, I
proceed to pass the following order :ORDER
1.

Misc. Application No. 666/22 and Cri. Bail Application
No. 837/2022 are allowed.

2.

The execution of sentence passed in C.C. No. 2261/SS/
2019, dtd. 07.12.2021 passed by Ld. Metropolitan
Magistrate, 33rd Court, Ballard Pier, Mumbai is hereby
suspended till the decision of this appeal on depositing
amount of Rs. 1,00,000/- (Rs. One lakh only) in trial
Court within thirty days from passing of this order.

3.

If accused has failed to comply with order of depositing
aforesaid amount, within specified period the stay shall
vacate automatically.

4.

During
the
pendency
of
the
appeal,
the
appellant/accused be released on bail on executing PR
Bond of Rs.15,000/-(Rupees Fifteen Thousand Only)
with one surety in like amount.

5)
Miscellaneous Application No.666/2022 and Bail
Application No.837/2022 are disposed of accordingly.

6)
Inform Ld. Trial Court accordingly.

(PRIYA P. BANKAR)
Additional Sessions Judge
City Civil and Sessions Court,
Gr. Bombay, Mumbai
Date : 03/10/2022.
Dictated on
Transcribed on
Signed on
: 03/10/2022
: 06/10/2022
: 06/10/2022
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Common Order in
MA 666/22 and B.A. 837/22
.. 5 ..

Common Order in
MA 666/22 and B.A. 837/22
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGEMENT/ORDER”
UPLOAD DATE
03/10/2022
TIME
NAME OF STENOGRAPHER
5.30 p.m.

Dastagir B. Mulla Stenographer
Grade-I
Name of the Judge
Date of Pronouncement of Judgment/Order.

HHJ Smt. P.P. Bankar
(CR No.18)
03/10/2022
Judgment/order signed by P.O on
03/10/2022
Judgment/order uploaded on
3/10/2022