MHCC020044292022
IN THE COURT OF SESSIONS OF GREATER BOMBAY
AT MUMBAI
COMMON ORDER
IN
MISC. APPLICATION NO. 607 OF 2022
AND
BAIL APPLICATION NO. 779 OF 2022
IN
CRI. APPEAL NO. 533 OF 2022
(C.C. No. 1297/SS/2018)
M/s Sysco Industries Limited & Ors.

….Applicants
Versus.
M/s Associated Dye Chem Corporation
.… Respondent
APPEARANCES:
Mr. Prashant Pandey, Ld. Advocate for the applicant.
Mr. Reshant Shah, Ld. APP for respondent.
CORAM :
DATED :
SMT. PRIYA P. BANKAR
Addl. Sessions Judge(C.R. NO. 18)
22nd SEPTEMBER, 2022.

COMMON ORDER
This Misc. application is filed by an applicant for
suspension of sentence order dtd. 18.12.2021, passed by Ld.
Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai in C.C. No.
1297/SS/2018 and Cri. Bail application No. 779/2022 is filed to release
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Common Order in
MA 607/2022 and B.A. 779/2022
the accused on bail during pendency of appeal.
2.

According to appellant they have challenging the Judgment
of Conviction dtd. 18.12.2021 in C.C. No. 1297/SS/2018. They have
chance to succeed in this matter. The accused/appellants calming to
release them on bail during pendency of trial and also suspension of
execution of sentence during pendency of trial.
3.

Heard Mr. Prashant Pandey Ld. Advocate for the appellant
and Mr. Reshant Shah, Ld. Advocate for the respondent.
4.

The appellants are challenging the conviction order dated
18.12.2021 in C.C. No. 1297/SS/2018 by which they have convicted
for the offence under Section 138 r/w 141 of Negotiable Instruments
Act and sentenced to suffer simple imprisonment till rising of the Court
and to pay a fine amount of Rs. 11,03,473/­ (Rupees Eleven Lakhs
Three Thousand Four Hundred and Seventy Three only) within two
months and in default of payment of fine accused should suffer simple
imprisonment of three months.
5.

The accused are challenging the said conviction on various
grounds. Time will be required to dispose of the appeal. Today the
appeal is admitted after delay is condoned. So considering that the
accused were already on bail during pendency of case and time will be
required to dispose of this matter and also considering provision under
Section 148 of Negotiable Instruments (Amendment) Act, 2018, I
proceed to pass the following order :­
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Common Order in
MA 607/2022 and B.A. 779/2022
ORDER
1.

Misc. Application No. 607/22 and Cri. Bail Application
No. 779/2022 are allowed.

2.

Execution of the sentence in Judgment dated
18.12.2021 passed by Ld. Metropolitan Magistrate. 20 Th
Court, Mazgaon, Mumbai in C.C. No. 1297/SS/2018 is
hereby suspended till the decision of this appeal on
depositing Rs. 2,50,000/­ (Rs. Two lakhs Fifty
Thousand only) within 30 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
appellants/accused Nos.3,4 and 5 be released on bail
on executing PR Bond of Rs.15,000/­(Rupees Fifteen
Thousand Only) each with one surety in like amount.

5)
Miscellaneous Application No.607/2022 and Bail
Application No.779/2022 are disposed of accordingly.

6)
Inform Ld. Trial Court accordingly.
PRIYA
PRAMOD
BANKAR
Digitally signed
by PRIYA
PRAMOD
BANKAR
Date: 2022.09.23
16:01:47 +0530
(PRIYA P. BANKAR)
Additional Sessions Judge
City Civil and Sessions Court,
Gr. Bombay, Mumbai
Date : 22.09.2022.
Dictated on
Transcribed on
Signed on
: 22.09.2022
: 23.09.2022
: 23.09.2022
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Common Order in
MA 607/2022 and B.A. 779/2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGEMENT/ORDER”
UPLOAD DATE
23.09.2022
TIME
NAME OF STENOGRAPHER
4.00 p.m.

Aparna V. Lele (H.G.)

Name of the Judge
Date of Pronouncement of Judgment/Order.

HHJ Smt. P.P. Bankar
(CR No.18)
22.09.2022
Judgment/order signed by P.O on
23.09.2022
Judgment/order uploaded on
23.09.2022