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2007 Supreme(SC) 487

Dilip S. Dahanukar – Appellant
Versus
Kotak Mahindra Co. LTD. – Respondent


JUDGMENT

S.B. Sinha, J. — Leave granted.

2. Interpretation of Section 357 of the Code of Criminal Procedure, 1973 (‘the Code’, for short) vis-a-vis the provisions of the Negotiable Instruments Act (‘the Act’, for short), as regards power to impose sentence of fine is involved in these appeals which arise out of a judgment and order dated 6.6.2006 passed by the High Court of Bombay in Criminal Writ Petition No. 1167 of 2006.

3. Accused No.1-M/s. Goodvalue Marketing Co. Ltd., a company registered and incorporated under the Companies Act, 1956 and Accused No.2-Appellant herein were convicted for commission of an offence involving Section 138 of the Act by a judgment of conviction and sentence dated 23.2.2006 holding :

“The accused No.1 company M/s. Goodvalue Marketing Co. Ltd. stands convicted for the offence punishable under Section 138 r.w. 141 of Negotiable Instruments Act.

The accused No.1 company, is sentenced to pay a fine of Rs.25,000/- (Rupees Twenty Five Thousand only). In default of payment of fine, the accused No.2 Mr. Dilip Dahanukar, the Chairman of accused No.1 and representative at the trial, shall suffer S.I. for 1 month.

The accused No.2 Mr. Dilip S. Dahanukar, stands co






















































































































































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