LAWS(BOM)-2013-8-245

SHYAMBAHADUR PURSHOTTAM SHARMA Vs. SUDHAKAR NARSHU POOJARY

Decided On August 23, 2013
Shyambahadur Purshottam Sharma Appellant
V/S
Sudhakar Narshu Poojary Respondents

JUDGEMENT

(1.) HEARD finally.

(2.) THESE group of matters are heard together as a common question for denovo trial in proceedings under Section 138 of Negotiable Instruments Act, owing to transfer of one Judge recording earlier evidence, is to be addressed.

(3.) IN the said matters, the petitioner - Shyambahadur faced prosecution vide C.C.No.6060/SS/2006 initiated by respondent -Sudhakar Poojary and also prosecution vide C.C.No.6059/SS/2006 initiated by respondent -Bhupen Gala. After recording conviction, the matter was carried by both, the petitioner Shyambahadur and respondent Bhupen Gala, before Additional Sessions Judge, where on 6th September,2011 the learned Additional Sessions Judge dismissed respective appeals and allowed the respective revisions of original complainant by modifying the sentence. The amount of compensation was enhanced. In C.C.No.6059/SS/2006, the cheque amount was Rs.1,38,000/ -, compensation was enhanced to Rs.2,76,000/ - In C.C.No.6060/SS/2006, the cheque amount was Rs.1,24,000/ - the compensation was enhanced to Rs.2,48,000/ -.