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2023 Supreme(Bom) 2291

PRAKASH D. NAIK
Arun Popatlal Chavada – Appellant
Versus
Shabbir Sharafali Golawala – Respondent


JUDGMENT

1. The Revision Applicant has challenged the judgment and order dated 18th March 2017 passed by learned Metropolitan Magistrate, 6th Court, Mazgaon at Sewri, Mumbai in C.C. No. 1091/SS/2015 and judgment and order dated 6th December 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 Section 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/- along with 9% simple interest from the date of complaint till its realization for the offence under Section 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/- 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 Section 357(3) of the Cr.P.C.

3. The revision applicant/accused challenged the judgment of conviction dated 18th March 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

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