17 August 2011
Supreme Court
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ANIL SACHAR Vs M/S SHREE NATH SPINNERS P.LTD.& ORS.ETC.

Bench: MUKUNDAKAM SHARMA,ANIL R. DAVE
Case number: Crl.A. No.-001413-001414 / 2011
Diary number: 3417 / 2009
Advocates: Vs AJAY KUMAR


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IN THE SUPREME COURT OF INDIA      REPORTABLE

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NOS.  1413-1414 OF 2011  

Anil Sachar &Anr. .....Appellants

        Versus

M/s. Shree Nath Spinners P.Ltd.   & Ors. Etc. .....Respondents

O R D E R  

We  have  heard  the  learned  counsel  appearing  for  the  

parties on the question of sentence.   Having gone through the  

records, we find that Mr. Munish Jain, against whom the notice  

was issued on the question of sentence has died.  Accordingly,  

so far he is concerned, the matter stands abated.  

There is yet one more accused in the case, apart from the  

company,  who  was  also  impleaded  as  a  party  in  the  present  

proceedings.   The  said  Director  of  the  company  is  Mr.  Varun  

Jain.   

We  have  heard  the  learned  counsel  appearing  for  the  

parties on the question of sentence.  Considering the provisions  

of Section 138 of the Negotiable Instruments Act, we consider  

that imposition of fine of an amount of Rs. 10,00,000/- (Rupees

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ten lacs only) would meet the ends of justice in the present  

case.  Considering the facts and circumstances of the case, we,  

therefore, impose a fine of Rs. 10,00,000/- (Rupees ten lacs  

only) on the respondent payable to the appellants/complainants  

by way of compensation.  

At this stage, the counsel appearing for the respondent  

has handed over drafts amounting to Rs. 10,00,000/-, payable to  

the appellants/complainants, to the counsel appearing for the  

appellants/complainants, who receives the said amount which is  

imposed as fine and payable to the appellants.  Fine having been  

paid and received brings the litigation to an end.   

In that view of the matter, nothing further survives in  

these appeals, which stand disposed of.

......................J (Dr. MUKUNDAKAM SHARMA)

......................J (ANIL R. DAVE)

NEW DELHI AUGUST 17, 2011