ROHINTONSON Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ON going through the record, it appears that after the Accused was convicted for an offence punishable under Section 138 of the Negotiable Instruments Act by the Ld. Magistrate of 40th Court, Girgaum, Mumbai, he came to be awarded R.I. for three months and a fine of Rs.8,00,000/-. It was further ordered that in the event of the fine being paid Rs.7,00,000/- be given to the Complainant.

(2.) THE matter was carried in Appeal before the Ld. Principal Judge of the City Sessions Court, Mumbai, by way of an Appeal No.150 of 1998. On 4th September, 1998, the Ld. Principal Judge of the City Civil Court, Mumbai, stayed the impugned order till Monday and adjourned the matter to 7th September, 1998.

(3.) INSTEAD of carrying the matter at these three different stages, the Appeal, instead of having been presented straightway, could have been admitted and there could not have been the question of grant of bail order. The net result is that, on one hand, the Accused was undergoing R.I. for three months and has remained in Jail till today, and on the other hand, apparently the efforts are being made to recover the entire amount of fine so that virtually the order of the trial Court can be executed so far as the payment to the Complainant is concerned.