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2007 Supreme(Ori) 244

DALVEER BHANDARI, S.B.SINHA
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 pay¬ment 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. Dahan





















































































































































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