RAVI STEEL SALES Vs. ARYA SHIP BREAKING COMPANY

JUDGEMENT

(1.) Heard learned counsel for the Petitioners and learned counsel for the respondents.

(2.) Petitioners are challenging the orders passed by the Sessions Court in Criminal appeals No. 705/06, 706/06, 707/06, 708/06 and 709/06 which were filed by the Petitioners herein challenging orders passed in Cases no. 480/s/2002, 481/s/2002, 482/s/2002, 483/ s/2002 and 610/s/2002 by the M. M. 28th Court, esplanade, Mumbai who was pleased to convict the Petitioner No. 2 for the offence punishable u/s. 138 of N. I. Act and sentenced him to suffer s. I. for period of four months and to pay fine of Rs. 5,000/- in default to suffer S. I. for four months in each case respectively. Learned magistrate was also pleased to direct the petitioner No. 2 to pay compensation of rs. 1,71,400/-, 1,40,000/-, 1,55,000/-, 1,50,600/- and 2,86,000/- in default to suffer S. I. for four months in each case respectively. Against these orders, Petitioners preferred appeals in the Sessions Court. The Sessions Court directed the Petitioners to pay 50% of the said amount of compensation within a period of three months in each appeal respectively. In all three are six cheques and therefore, five petitions have been filed.

(3.) Learned counsel for the petitioners submitted that it is not possible for the Petitioners to deposit said amount and that, therefore, said orders directing the Petitioners to pay compensation may be set aside. He relied on the judgment of the Apex Court in the case of Dilip S. Dahanukar Vs. Kotak Mahindra co. Ltd. and Anr. reported in 2007 (3) Bom. C. R. 28 : [2006 ALL MR (Cri) 2915].