SIDDHIVINAYAK SEWA MANDAL Vs. SHOBA SANT

JUDGEMENT

(1.) HEARD the learned Advocate for the petitioner and learned Advocate for the complainant-respondent No. 1. Rule. By consent, rule is made returnable forthwith.

(2.) A complaint came to be filed by respondent No. 1 against the present petitioners and one other under section 138 of Negotiable Instruments Act. All the petitioners came to be convicted by judgment and order dated 15th January, 2002 passed by the learned Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai. By the said order, the petitioners were directed to pay a fine of Rs. 5000/- in default to suffer S. I. for one month. The petitioner Nos. 2 and 3 were sentenced to suffer R. I. for two months. By the said order, all the petitioners were further directed to collectively pay compensation of Rs. 1 lakh to the complainant in view of the provisions of section 357 of Cri. P. C.

(3.) THE petitioners preferred Criminal Appeal No. 122 of 2001 against the judgment and order dated 15th January, 2001 passed by the learned Metropolitan Magistrate. The Addl. Sessions Judge, Gr. Mumbai, dismissed the criminal appeal by judgment and order dated 24-6-2002. Hence, the present writ petition.