LAWS(SC)-2007-4-32

DILIP S DAHANUKAR Vs. KOTAK MAHINDRA CO LTD

Decided On April 10, 2007
DILIP S. DAHANUKAR Appellant
V/S
Kotak Mahindra Co. Ltd. And Anr Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Interpretation of Section 357 of the Code of Criminal Procedure, 1973 (the Code, for short) vis-a-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. 1167 of 2006.

(3.) Accused No.1-M/s. Goodvalue Marketing Co. Ltd., a company registered and incorporated under the Companies Act, 1956 and Accused No.2-Appellant herein were convicted for commission of an offence involving Section 138 of the Act by a judgment of conviction and sentence dated 23.2.2006 holding :