MHCC020044832024
IN THE COURT OF SESSIONS FOR GREATER MUMBAI,
AT MAZGAON
CRIMINAL BAIL APPLICATION NO.541 OF 2024
IN
CRIMINAL APPEAL NO.132 OF 2024
1. Ankit Industries INC.,
A Proprietary Concern,
Having office at : 6, Port Asia, (South Side),
Kitab Mahal,192, D.N. Road,
Fort, Mumbai ­ 400 001.
2. Bhupendra Parikh,
Proprietor of Ankit Industries INC.,
6, Port Asia, (South Side),
Kitab Mahal,192, D.N. Road,
Fort, Mumbai ­ 400 001.

…
Appellants/
Org. Accused
Versus
Amoha Traders Pvt. Ltd.,
Having their registered office at :
31/C, 3rd Floor, 32, Raj Bahadur Mansion,
Ambalal Doshi Marg, Fort,
Mumbai – 400 001.
Through its authorized representative
Jamsheed M. Pandey.
Appearance :
Mr. Chetan Pawar, Ld. Adv. for appellants.
Mr. Kamran Shaikh, Ld. Adv. for respondent.

…
Respondent/
Org. Complainant
­2­
BA 541/24 in CA 132/24
CORAM : HIS HONOUR ADDL. SESSIONS JUDGE
K. P. SHRIKHANDE. (C. R. No.87)
DATED : 5th April, 2024.
ORDER
This bail application is filed by the appellants/accused on the
background that they have been convicted by the learned trial Court in
C.C. No.4456/SS/2018 by its judgment and order dated 30/01/2024
for the offence punishable under section 138 r/w 141 of the Negotiable
Instruments Act and sentenced to suffer Simple Imprisonment for one
year, and directed to pay fine of Rs.6,00,000/­ with interest @ 9% p.a.
from the date of the said order till its realization, within one month
from the date of the said order, and in default, the appellants/accused
to suffer further Simple Imprisonment for three months each.
2.

Heard the learned advocate for the appellants. As the
appellant/accused No.2 was on bail during the period of trial, and as
the appellant/accused No.2 has challenged the legality and propriety of
the judgment of conviction by filing the appeal, and considering the
same, as the substantive sentence of imprisonment and fine have been
suspended, I am of the view that the appellant/accused No.2 can be
released on bail. In the result, I proceed to pass the following order :­
ORDER
1.

Criminal Bail Application No.541 of 2024 is allowed.

2.

The appellant/accused No.2 Bhupendra Parikh shall be released
on bail on executing the P.R. bond of Rs.25,000/­ before the trial
Court.

3.

15 days time is granted to appellant/accused No.2 to furnish the
surety of Rs.25,000/­ before the trial Court.

­3­
4.

BA 541/24 in CA 132/24
The trial Court to issue the release warrant, if the
appellant/accused No.2 has been sent to the jail.

5.

Criminal Bail Application No.541 of 2024 is disposed of
accordingly.

Date : 05/04/2024.

Typed on
Signed on
( K. P. SHRIKHANDE )
Additional Sessions Judge,
Gr. Mumbai, C.R. No.87 at Mazgaon.

: 06/04/2024.
:
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE
ORIGINAL SIGNED JUDGMENT/ORDER.”
Upload Date
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Bahushruta Y. Jambhale
08/04/2024
5.45 p.m.

Name of Stenographer
Name of the Judge (With C.R. No.)
Date
of
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JUDGEMENT / ORDER
HHJ SHRI K. P. SHRIKHANDE
(COURT ROOM No.87)
of
05/04/2024
JUDGEMENT / ORDER signed by P.O.
on
08/04/2024
JUDGEMENT / ORDER uploaded on
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