ARUN POPATLAL CHAVADA Vs. SHABBIR SHARAFALI GOLAWALA

JUDGEMENT

(1.) The Revision Applicant has challenged the judgment and order dtd. 18/3/2017 passed by learned Metropolitan Magistrate, 6th Court, Mazgaon at Sewri, Mumbai in C.C. No. 1091/SS/2015 and judgment and order dtd. 6/12/2018 passed by learned Additional Sessions Judge, Greater Bombay in Criminal Appeal No. 249 of 2017.

(2.) The Revision Applicant is convicted for the offence under Sec. 138 of the Negotiable Instruments Act (hereinafter referred to as N.I. Act .). He was sentenced to pay fine of Rs.2,83,32,500.00 along with 9% simple interest from the date of complaint till its realization for the offence under Sec. 138 of the N.I. Act and in default to suffer simple imprisonment for three months. The amount of fine of Rs.2,83,32,500.00 along with 9% simple interest from the date of complaint till its realization, if recovered the same be paid to the complainant as compensation vide Sec. 357(3) of the Cr.P.C.

(3.) The revision applicant/accused challenged the judgment of conviction dtd. 18/3/2017 before the Court of Sessions by preferring Criminal Appeal No.249 of 2017. Whereas, the complainant preferred Criminal Revision No.382 of 2017 for enhancement of sentence. The learned Additional Sessions Judge vide order dtd. 6/12/2018 dismissed Criminal Appeal No.249 of 2017 filed by accused. The judgment and order dtd. 18/3/2017 passed in C.C. No. 1091/SS/2015 by learned Metropolitan Magistrate, 6th Court Mazgaon, Mumbai was modified to the extent of amount of fine. The accused was ordered to pay fine of Rs.25,000.00 in addition to the amount of fine imposed by the trial Court. Order of compensation was maintained. Amount of Rs.50,00,000.00 deposited in the Sessions Court was directed to be paid to the complainant after the period of revision is over.