Crim. Bail Appl. No. 712 of 2022 in Crim. Appeal No. 162 of 2022
{M/s. Rajesh Telecom and Anr. V/s. The State of Maharashtra & Anr.}
Present appeal is arising out of Judgment and Order
passed in Criminal Case No. 1427/SS/2016 on 05/03/2022 by the
Learned Metropolitan Magistrate, 7th Court, Dadar, Mumbai.

The
respondent no. 2/original complainant Yogesh Jugalkishore Mehta
has filed a complaint under Section 138 of the Negotiable
Instruments Act, 1881 against the present appellants/accused,
wherein the appellant/accused Naresh Kalulal Jain is convicted under
Section 138 r/w 141 of the Negotiable Instruments Act, 1881 and
being aggrieved by the said Judgment and Order, the present appeal
is preferred by him.

As per the said Judgment and order, the
appellant/accused Naresh Kalulal Jain is convicted and sentenced to
undergo simple imprisonment of 6 months. He is also directed to pay
compensation of Rs. 7,00,000/- (Rupees Seven Lakhs Only) to the
complainant within a month and in default of payment of fine, he
shall further undergo two months’ simple imprisonment in addition
to the substantive sentence.
2.

According to appellants/accused, they have fair chance
of success in this appeal. The present appeal has been filed by the
appellants/accused within limitation.

Therefore, they prayed to
release them on bail and stay the execution of sentence passed in
Criminal Case No. 1427/SS/2016 on 05/03/2022 till the final
disposal of this appeal.
3.

Heard Learned Advocates for the appellants/accused and
the respondent and the Learned A.P.P. for the State. Gone through
the record.

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4.

I have gone through the impugned Judgment.

The
appellants/accused are ready to abide by the terms and conditions
imposed while granting bail. Considering the quantum of Sec. 148 of
the Negotiable Instruments Act, 1881, I proceed to pass following
order :-
ORDER
1.

Crim. Bail Application No. 712 of 2022 in Crim. Appeal No. 162 of
2022 is hereby allowed.
2.

The substantive sentence of imprisonment passed by the Learned
Metropolitan Magistrate, 7th Court, Dadar, Mumbai in Criminal Case No.
1427/SS/2016 on 05/03/2022 is stayed till the conclusion of present
appeal.
3.

The appellant/accused Naresh Kalulal Jain be released on bail on
P.R. Bond of Rs. 15,000/- (Rupees Fifteen Thousand Only) with one
solvent surety in like amount, on the following conditions :a)
b)
Appellant/accused shall not leave India without permission of
the Court till conclusion of the appeal.
Appellant/accused shall not commit similar type of offence in
future.

3.
4.

Bail before Lower Court.
Issue notice to the respondent.

5.

Inform Learned Trial Court accordingly.

6.

Crim. Bail Application No. 712 of 2022 in Crim. Appeal No. 162 of
2022 stands disposed of accordingly.
(Dictated and pronounced in open Court.)

MADHURI
MILIND
DESHPANDE
Date : 23/09/2022
Digitally signed
by MADHURI
MILIND
DESHPANDE
Date: 2022.09.26
10:42:05 +0530
(Mrs. Madhuri M. Deshpande)
Addl. Sessions Judge,
City Civil & Sessions Court,
Gr. Mumbai.

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“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date
26/09/2022
Upload Time
10.35 a.m.

Name of Stenographer
Mrs. Gitalaxmi R. Mohite-Kotawadekar
Name of the Judge (With Court Room No.)

HHJ Mrs. Madhuri M.
Deshpande (C.R. No. 41)
Date of Pronouncement of JUDGEMENT
/ORDER
23/09/2022
JUDGEMENT /ORDER signed by P.O. on
23/09/2022
JUDGEMENT /ORDER uploaded on
26/09/2022