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Prakash Automobiles & Another v/s Madhusudan Mohanlal Dave & Another


Company & Directors' Information:- N E C C AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1991PTC043600

Company & Directors' Information:- C M AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300CH2005PTC028233

Company & Directors' Information:- J P M AUTOMOBILES LIMITED [Active] CIN = U74899DL1995PLC068910

Company & Directors' Information:- K N AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404OR2013PTC016730

Company & Directors' Information:- J AND K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401JK2004PTC002447

Company & Directors' Information:- C MOHANLAL PRIVATE LIMITED [Active] CIN = U17300GJ1963PTC048386

Company & Directors' Information:- K. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2009PTC028204

Company & Directors' Information:- K N R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300WB2006PTC111199

Company & Directors' Information:- N MOHANLAL AND COMPANY PRIVATE LIMITED [Active] CIN = U26943MH1977PTC019534

Company & Directors' Information:- K P AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50404JH2012PTC000824

Company & Directors' Information:- Y J AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50401MP2013PTC031920

Company & Directors' Information:- N S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102MH2012PTC226814

Company & Directors' Information:- S K S AUTOMOBILES INDIA PRIVATE LIMITED [Strike Off] CIN = U50100TZ2009PTC014979

Company & Directors' Information:- J D AUTOMOBILES PVT. LTD. [Strike Off] CIN = U34300WB1987PTC042066

Company & Directors' Information:- B K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200AP2009PTC064484

Company & Directors' Information:- N. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50102GJ2006PTC049307

Company & Directors' Information:- G M S AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50101DL1997PTC089284

Company & Directors' Information:- MADHUSUDAN LIMITED [Strike Off] CIN = U17110DL1934PLC002542

Company & Directors' Information:- N U AUTOMOBILES PVT LTD [Active] CIN = U74899DL1982PTC013126

Company & Directors' Information:- D K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U29246CH1989PTC009607

Company & Directors' Information:- K Y AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400JK2021PTC012549

Company & Directors' Information:- A K AUTOMOBILES LIMITED [Amalgamated] CIN = U34100WB1984PLC038001

Company & Directors' Information:- A AND S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U51103DL1997PTC085147

Company & Directors' Information:- M. H. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50200HP2015PTC000946

Company & Directors' Information:- R. K. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1995PTC071719

Company & Directors' Information:- R. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50100BR2020PTC047409

Company & Directors' Information:- M R AUTOMOBILES (INDIA) PRIVATE LIMITED [Active] CIN = U34300DL1998PTC094488

Company & Directors' Information:- V. M. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U35911UP1995PTC018136

Company & Directors' Information:- P D AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400RJ2021PTC074633

Company & Directors' Information:- A R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50404PY2011PTC002555

Company & Directors' Information:- K P V AUTOMOBILES PVT LTD [Active] CIN = U50300KL1991PTC006035

Company & Directors' Information:- J B S AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101OR2005PTC008397

Company & Directors' Information:- S. N. S. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50500WB2018PTC224868

Company & Directors' Information:- M P AUTOMOBILES PVT LTD [Strike Off] CIN = U50404MP1957PTC000842

Company & Directors' Information:- MOHANLAL AND COMPANY PRIVATE LIMITED [Strike Off] CIN = U70100MH1989PTC050850

Company & Directors' Information:- DAVE AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U35999TN1996PTC035706

Company & Directors' Information:- G. E. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400DL2018PTC341171

Company & Directors' Information:- P K AUTOMOBILES PVT LTD [Strike Off] CIN = U50300UP1979PTC004841

Company & Directors' Information:- MADHUSUDAN AND COMPANY PRIVATE LIMITED [Active] CIN = U24232RJ1994PTC008405

Company & Directors' Information:- P L AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50300RJ2014PTC046516

Company & Directors' Information:- S G K R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U60210TN1960PTC004283

Company & Directors' Information:- N R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50400MH2014PTC255882

Company & Directors' Information:- S. N. J. AUTOMOBILES PRIVATE LIMITED [Active] CIN = U50400MH2017PTC299238

Company & Directors' Information:- M R K AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50102UP2011PTC045868

Company & Directors' Information:- I B AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U29253DL2008PTC172205

Company & Directors' Information:- T K AUTOMOBILES PRIVATE LIMITED [Active] CIN = U74899DL1984PTC017940

Company & Directors' Information:- V R AUTOMOBILES PRIVATE LIMITED [Active] CIN = U34200DL2007PTC170076

Company & Directors' Information:- K T AUTOMOBILES PVT LTD [Strike Off] CIN = U99999UP1959PTC002730

Company & Directors' Information:- M B AUTOMOBILES PVT LTD [Strike Off] CIN = U35923WB1966PTC026743

Company & Directors' Information:- B M AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U50200DL2007PTC162611

Company & Directors' Information:- H A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34102DL2007PTC163030

Company & Directors' Information:- P A AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34101DL2007PTC161483

Company & Directors' Information:- K G AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34200DL2007PTC162859

Company & Directors' Information:- P R AUTOMOBILES PRIVATE LIMITED [Strike Off] CIN = U34201DL2007PTC161053

Company & Directors' Information:- AUTOMOBILES PVT. LTD. [Strike Off] CIN = U99999DL2000PTC000916

    Writ Petition No. 4173 of 2014 with Revision Application No. 358 of 2014 with Application Nos. 304 of 2014, 305 of 2014

    Decided On, 12 January 2015

    At, High Court of Judicature at Bombay

    By, THE HONOURABLE MR. JUSTICE M.L. TAHILIYANI

    For the Petitioners: K.K. Holambe Patil, Advocate. For the Respondents: D.R. More, APP.



Judgment Text

P.C.

1. The petition is filed by the original accused in Criminal Case No.1015/SS/2006 decided by the learned Metropolitan Magistrate, 43rd Court, Borivali. By the judgment and order, the learned Magistrate found both the petitioners guilty of offences punishable under sections 138 read with 141 of the Negotiable Instruments Act. The petitioner No.2 Mr.Gautam Bhanu was ordered to undergo sentence of six months and the petitioner Nos.1 and 2 both were ordered to pay compensation of Rs.2,50,000/- to respondent No.1.

2. The petitioners filed an appeal before the Sessions Court, Mumbai. The appeal being Appeal No.37 of 2013 was dismissed. The respondent No.1 Mudhusudan Dave had filed a revision application against the judgment and order of the Magistrate for enhancement of compensation amount. The said revision application was allowed and compensation was increased from Rs.2,50,000/- to Rs.3,50,000/-. Hence the present writ petition has been filed. The revision application has been filed to challenge the dismissal of appeal.

3. Mr.Holambe Patil, learned Counsel for petitioners and the applicants in the revision application is heard. The learned Counsel for respondent No.1, Madhusudhan Dave is absent. Mr.Patil has submitted that the petitioner may not contest the petition and revision on merits but may pray for leniency in the matter of sentence. It is also submitted that this Court may enhance compensation amount and consider leniency in jail sentence. After hearing learned Counsel and after considering the fact that the cheque amount is Rs.2,40,000/-, in my view, payment of compensation amount of Rs.4 lakh to the respondent No.1 by the petitioner Nos.1 and 2 would serve the ends of justice. Hence, I modify the order of Magistrate and the sessions court as under:-

(a) The petitioner Nos.1 and 2 are convicted of the offences punishable under section 138 read with 141 of Negotiable Instruments Act. The petitioner No.2 shall undergo S.I. till rising of the court. He shall appear before the trial court for undergoing said sentence within a period of one month from today.

(b) Petitioner Nos.1 and 2 shall pay compensation of Rs.4 lakhs to the respondent No.1. The amount of Rs.1,20,000/- already deposited with the sessions court be appropriated towards compensation amount. Rest of the amount of Rs.2,80,000/- shall also be

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deposited in the lower court within eight weeks from today. In default, S.I. for 15 days. If the amount as directed is not paid, the sessions could shall take necessary steps immediately. (c) Petition and revision application disposed of accordingly.
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