HIRESH LUHAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge in these petitions is the order dtd. 3/11/2022 passed by Additional Sessions Judge Greater Mumbai in Miscellaneous Application No.2086 of 2022 and connected applications. Since the appeals before the learned Sessions Judge arise out of common impugned judgment passed under Sec. 138 of the Negotiable Instruments Act, 1881. Since the issue involved is common, all petitions are being disposed of by this common order.

(2.) The applicants are individual directors of the accused No. 1 company. The learned Magistrate, by judgment and order dtd. 5/9/2022 in Criminal Case No. 4525/SS/2015, convicted and sentenced the accused company and its director jointly and severally to pay a fine of Rs.22,40,00,000.00 within one month from the date of order. In addition, accused Nos.2 to 7, directors of accused No.1 company, were sentenced to suffer simple imprisonment for six months each.

(3.) After being aggrieved and dissatisfied, individual directors filed individual appeals before the Sessions Court. The Sessions Court, by the impugned order, suspended the sentence, subject to the condition that the accused No.1 to 7 shall jointly and severally deposit 25% of the amount of compensation within two months from the date of the order. The said order is the subject matter of challenge in these petitions.