CONTENTS

Serial No. Particulars Page No.

1. Exercise 1 2-9.

2. Memo of Parties 2.
3. Criminal Appeal in the Sessions Court against the judgement 3-6.
passed by the Chief Metropolitan Magistrate.

4. Affidavit 7.
5. Annexure 1: Certified Copy of the impugned order passed by the 8.
Court of Chief Metropolitan Magistrate.
6. Vakalatnama 9.
7. Exercise 2 10-20.

8. Memo of Parties 10.

9. Criminal Revision Petition before the Sessions Court U/S 397 r/w 11-13.
Section 401 of Cr.P.C 1973 against the order of summon issued
by the Court of Chief Metropolitan Magistrate.
10. Stay Application before Sessions Court U/S 397 of Cr.P.C to stay 14.
the order of summon issued by the Court of Chief Metropolitan
Magistrate
11. Affidavit 15.
12. Annexure 1: Copy of resolution passed by the Board of Directors 16.
13. Annexure 2: The Contract signed between Mr. Y and the 17.
Respondent.
14. Annexure 3: The document showing the receipt of raw material by 18.
Mr. Y
15. Annexure 4: The cheque issued by Mr. Y in the favour of the 19.
Respondent.
16. Vakalatnama 20.

Page 1 of 20
 IN THE COURT OF SESSION JUDGE, MUMBAI
CRIMINAL APPLELATE JURISDICTION
CRIMINAL APPEAL NO. 3625 OF 2020.
IN THE MATTER OF
Mr. Swami Prasad ) …. Appellant
VERSUS
State of Maharashtra ) …. Respondent
-

INDEX

Serial No. Particulars Page no.

1. Criminal Appeal in the Sessions Court against the judgement passed 3-6.
by the Chief Metropolitan Magistrate.
2. Application before the Sessions Court for suspension of sentence 7.
imposed by the Ld. Court of Chief Metropolitan Magistrate and
consequently granting bail.
3. Affidavit 8.
4. Annexure 1: Certified Copy of the impugned order passed by the 9.
Court of Chief Metropolitan Magistrate.
5. Vakalatnama 10.

Date- 8th June,2020.

Page 2 of 20
EXERCISE 1

IN THE COURT OF SESSIONS, MUMBAI

CRIMINAL APPLELATE JURISDICTION
CRIMINAL APPEAL NO. 3625 OF 2020.
IN THE MATTER OF
Mr. Swami Prasad ) …. Appellant
(At present a fine of INR 1 lakh is imposedand is serving
the sentence of rigorous imprisonment for past 20 days)

VERSUS
State of Maharashtra ) …. Respondent

APPEAL U/S 374 OF THE CRIMINAL PROCEDURE CODE 1973 (CR.P.C)

AGAINST THE IMPUGNED JUDGEMENT DATED 31ST MAY, 2020 PASSED BY
THE COURT OF CHIEF METROPOLITAN MAGISTRATE, MUMBAI.
MOST RESPECTFULLY SHOWETH
1. That, Appellant is the son of Mr. Ramesh Prasad and is 27 years of age. He is an
Engineer by occupation and resides at 502, Tower-I, Alpha Society, Thane,
Mumbai.
2. That, Appellant has approached this Hon’ble Court with the Criminal Appeal
under Section 374 of Cr.P.C, 1973 against the judgement of the Ld. Chief
Metropolitan Magistrate dated 31st May,2020 (hereinafter referred to as
“Impugned Order”) bearing case no. 10376 of 2020, arising out of FIR no. 237
of 2020, titled as “State of Maharashtra vs Mr. Swami Prasad” (hereinafter
referred to as “Case”) passed by the court of Mr. Arnab Goswami, Ld. Chief
Metropolitan Magistrate, Mumbai (hereinafter referred to as “Ld. Court”). The
certified copy of the Impugned Order dated 31 st May, 2020 passed by the Ld.
Court is annexed at Annexure -1.
3. That, by the Impugned Order of the Ld. Court, Appellant was convicted with the
imprisonment of 7 years and a fine of Rs. 1 lakh.
4. That, the brief facts of the Case which leads to the filing of the present appeal
before this Hon’ble Court are as follows: -
4.1 On 2nd May, 2020 around 3:30 PM Appellant was having his lunch at Gulshan
Dhaba (which is situated on the Mahatma Gandhi Road, Hindustan Unilever
Company, Byculla region, Mumbai) (hereinafter referred to as “Dhaba”)
when Dinesh (who was the complainant in the Ld. Court and who had lodged
the FIR against the Appellant) (hereinafter Dinesh is referred as
Page 3 of 20
 “Complainant”) came from behind and stood near to the table, where
Appellant was having lunch.
4.2 Complainant, thereafter ordered the Appellant to get up and vacate that table
for the Complainant. It is to be noted that the table in question was not
reserved by the Complainant.
4.3 Appellant refused to obey the Complainant’s order and asked him to look for
any other table as that table is already occupied by the Appellant.
4.4 Complainant was stubborn and in order to get the Appellant’s table vacated,
Complainant threatened the Appellant that Appellant should either vacate the
table or Appellant would repent for not vacating it later.
4.5 Appellant didn’t give any attention to the Complainant’s threat and continued
having his lunch.
4.6 Complainant, being annoyed by the non-responding behaviour of the
Appellant, grasp the Appellant’s shirt collar and hung him in the air.
4.7 Appellant tried to free himself from the grip of the Complainant but he failed.
He even tried to raise the alarm for help but he failed because the collar of the
shirt was choking his neck.
4.8 On seeing the incident, Mr. Vijay Sharma who was a waiter in the Dhaba
came to rescue the Appellant. (Hereinafter Mr. Vijay Sharma is referred to as
“Defence Witness/ DW-1”).
4.9 Defence Witness threw a glass of water on the face of the Complainant to free
the Appellant from the grip of the Complainant.
4.10 Complainant on receiving the sudden, unexpected flash of water
immediately leave the Appellant’s collar and started rubbing his eyes and
wiping his face. Thereby, Appellant fell on the floor.
4.11 Thereafter, Complainant lost his temperament and started heading towards
the Defence Witness to teach him a lesson.
4.12 That, Appellant butt in his leg in the way of the Complainant to obstruct
him to reach Defence Witness. Complainant being obstructed by the
Appellant’s leg, toppled and fell down on the ground.
4.13 Thereafter, Complainant got more irritated and started throwing metal
plates and wooden chairs towards the Appellant.
4.14 Appellant tried to dodge and started heading backwards, away from the
Complainant to save himself from getting seriously injured.
4.15 Upon dodging and stepping backward, Appellant reached the corner of the
Dhaba. There Appellant got trapped as there was neither the passage to escape
nor the space to dodge from the thrown plates and chairs.
4.16 As Appellant was trapped by walls on three sides and from the fourth side
Complainant was approaching, the only option left with the Appellant, to save
himself from getting seriously injured, was to push back the Complainantand
ran away in the direction from which the Complainant was approaching.
4.17 Though Appellant was frightened and was getting seriously injured by the
thrown plates and chairs, he made up his mind and pushed the Complainant
with all his power and somehow managed to ran away.

Page 4 of 20
 4.18 Complainant, on getting pushed, lost his balance and fell on the ground in
such a way that his lower right leg was twisted in such a way that it got
fractured.
4.19 Thereafter, Appellant ran out of the Dhaba, took his car and left the Dhaba.
4.20 On 6th May, 2020, Complainant lodged the FIR U/S 325 of IPC against the
Appellant in the Byculla Police Station.
4.21 Thereafter on completion of investigation, a charge sheet has been filed
against the Appellant whereupon after trial the impugned judgement passed
by the Ld. Court.
5. That because the Appellant was feeling aggrieved by the Impugned Order, he has
filed the present appeal on the following grounds: -

GROUNDS

a) Because, Ld. Court has convicted the Appellant on the basis of surmises,
conjecture and misappreciation of evidences.
b) Because, Appellant pushed the Complainant in his private defence to save himself
from getting seriously injured from the metal plates and wooden chairs thrown by
the Complainant on the Appellant.
c) Because, Ld. Court failed to take into consideration the testimony of the sole eye-
witness that is Defence Witness, produced by the Appellant that testify the
following statements during the trial before the Ld. Court: -
I. That, he was present at the time of fight between the Complainant and the
Appellant.
II. That, Complainant grasping the collar of the Appellant and hanging him in the
air.
III. That, he had tried to rescue the Appellant.
IV. That,Complainant was throwing the metal plates and wooden chairs on the
Appellant.
V. That,Appellant was trapped in the corner and he was injured by the metal
plates and wooden chair thrown by the Complainant.
VI. That, Appellant pushed the Complainant in order to save himself from getting
seriously injured.
VII. That, the Complainant lost his balance upon being pushed by the Appellant
and fell on the floor.
VIII. That, Complainant was unable to move his legand was screaming out of pain.
IX. That, Mr. Rohan Singh (Owner of the Dhaba) admitted the complainant in the
nearby City Hospital.

d) Because, Ld. Court failed to give any reason behind refusing the testimony of the
Defence Witness.
e) Because, Ld. Court had done grave injustice with the Appellant by passing the
Impugned Order.

Page 5 of 20
 f) Because, even otherwise also the sentence imposed by the Ld. Court on the
Appellant is too harsh.
6. That, Appellant has no other remedy except to approach this Hon’ble Court for
justice.
7. That, Appellant has not filed any other petition in any other court for seeking the
similar relief.
8. That, the present appeal is filed within the limitation period specified in the
Limitation Act, 1961.
PRAYER
Whereof, in the light of above-mentioned facts and circumstances, Appellant prays before
this Hon’ble Court as follows: -
1. To set aside the Impugned Order, bearing case no. 10376 of 2020, of the Ld. Court
dated 31st May,2020 titled as “State of Maharashtra vs Mr. Swami Prasad” passed
by Mr. Arnab Goswami, Chief Metropolitan Magistrate, Mumbai.
2. Pass any other order as this Hon’ble Court thinks fits in the interest of justice.

Date – 8th June, 2020 Mr. Swami Prasad

(Appellant)
Through
Advocate Kunal Kamra.

Page 6 of 20
 IN THE COURT OF SESSIONS, MUMBAI
CRIMINAL APPLELATE JURISDICTION
CRIMINAL APPEAL NO. 3625 OF 2020.

IN THE MATTER OF
Mr. Swami Prasad ) …. Appellant

VERSUS
State of Maharashtra ) …. Respondent

AFFIDAVIT

I, Mr Swami Prasad, S/o-Mr Ramesh Prasad, R/o- 502, Tower-I, Alpha Society,
Thane, Mumbai, do hereby solemnly affirm and declare as under:

1. That I being, the complaint in the present case, is well conversant with the
fact of the case and thus competent to swear the present affidavit.
2. That all the contents of the accompanying complaint have been drafted by my
counsel, under my instructions, which are read over and explain to me and I
found them to be correct.
Deponent
VERIFICATION
Verified at Mumbai on 8th day of June,2020 that all the contents of the above affidavit are
true and correct to the best of my knowledge and belief and nothing has been concealed
there from.

Deponent

Page 7 of 20
 Annexure -1
The certified copy of the Impugned Order of the Ld. Court is mentioned below: -

Page 8 of 20
 VAKALATNAMA
IN THE COURT OF SESSIONS, MUMBAI
CRIMINAL APPLELATE JURISDICTION
CRIMINAL APPEAL NO. 3625 OF 2020.
IN THE MATTER OF
Mr. Swami Prasad ) …. Appellant

VERSUS
State of Maharashtra ) …. Respondent

I, Mr Swami Prasad, S/o- Mr Ramesh Prasad, R/o- 502, Tower -I, Alpha Society, Thane,
Mumbai, do hereby appoint Advocate Kunal Kamra (hereafter referred to as
“Advocate”) to be my counsel in the above-mentioned case. I authorize Advocate to do
any of the following on my behalf: -
a) To represent, act and appear in the court or concerned authorities in regards to this
matter.
b) To sign, file, verify, present, and receive all types of documents including plaints,
written statements, pleadings, appeals, cross objections, petitions, applications,
revision, withdrawal, and affidavits
c) To deposit, draw and receive money, cheques, cash and grant receipts thereof.
d) To do all other acts and things which may be necessary or expedient, in the
opinion of the Advocate, to be done.
I do hereby agree to ratify and confirm all acts done by the Advocate in the matter as my
own acts, as if done by me to all intents and purposes.
Date- 8th June, 2020
Signature of the person appointing the Advocate.

Advocate Name Enrollment No. Mobile No. Signature of Advocate

Kunal Kamra 14569875 9643497654

Page 9 of 20
 IN THE COURT OF SESSION JUDGE, NEW DELHI
Criminal Revisional Jurisdiction
Criminal Revision No. 7490 of 2020
IN THE MATTER OF
XYZ Private Ltd. Company ) …. Revisionist
(Through A)
VERSUS

Mr. X ) …. Respondent

INDEX
Serial No. Particulars Page No.
1. Criminal Revision Petition before the Sessions Court U/S 397 r/w 12-14.
Section 401 of Cr.P.C 1973 against the order of summon issued by
the Court of Chief Metropolitan Magistrate.
2. Stay Application before Sessions Court U/S 397 of Cr.P.C to stay 15.
the order of summon issued by the Court of Chief Metropolitan
Magistrate
3. Affidavit 16.
4. Annexure 1: Copy of resolution passed by the Board of Directors 17.
5. Annexure 2: The Contract signed between Mr. Y and the 18.
Respondent.
6. Annexure 3: The document showing the receipt of raw material by 19.
Mr. Y
7. Annexure 4: The cheque issued by Mr. Y in the favour of the 20.
Respondent.
8. Vakalatnama 21.

Date- 8th June, 2020.

Page 10 of 20
Exercise 2

IN THE COURT OF SESSION JUDGE, NEW DELHI

Criminal Revisional Jurisdiction
Criminal Revision No. 7490 of 2020
IN THE MATTER OF
XYZ Private Ltd. Company ) …. Revisionist
(Through A)
VERSUS

Mr. X ) …. Respondent

REVISION PETITION U/S 397 R/W SECTION 401 OF CRIMINAL

PROCEDURE CODE (CR.P.C), 1973 AGAINST THE IMPUGNED ORDER OF
MR. ARNAB GOSWAMI, CHIEF METROPOLITAN MAGISTRATE, NEW
DELHI, DATED 31ST MAY, 2020.

MOST RESPECTFULLY SHOWETH

1. That, Revisionist is a private limited company incorporated and registered under

the Companies Act, 2013. Its registered office is located at Block -A, Sector-9,
Alpha Commercial Tower, Pitampura, New Delhi. Revisionist is represented by
Mr. A, who is one of the directors of the Revisionist, in this petition.
It is to be noted that in a resolution passed by the Board of Directors of Revisionist
on 2nd June, 2020, it is decided that Mr. A will represent the Revisionist in the
present criminal revision petition. The copy of the resolution passed by the Board
of Directors is annexed in Annexure -1.
2. That, Mr. A, son of Mr. Ramesh Mehta, is one of the directors of the Revisionist
who is representing the Revisionist in the present criminal revision petition. He
resides at 502, Tower- I, Beta Society, Pitampura, New Delhi.
3. That, Respondent, son of Mr. Manish Agarwal, is a businessman bearing PAN no.
123BJ456, UID no. ABC3456EF7 and having his residence at Block-K, Tower-
B, Flat no. – 102, Delta Society, Inderlok, New Delhi.
4. That, Respondent/Complainant had filed a criminal complaint, bearing complaint
no. –3120 of 2020, against the Revisionist under Section 138 of the Negotiable
Instrument Act, 1881 in the court of Mr. Arnab Goswami, Chief Metropolitan
Magistrate, New Delhi (hereinafter referred to as “Ld. Court”).
5. The brief facts of the complaint filed by the Respondent in the Ld. Court are: -
5.1 That, a contract (hereinafter referred to as “Contract”) was signed between the
Respondent and Mr. Y (who is one of the directors of the Revisionist but not
the party in the complaint) on 2 nd January, 2020 at Pitampura, New Delhi. The
Contract is annexed at Annexure-2.

Page 11 of 20
 5.2 That, as per the provisions of the Contract, Respondent has to supply raw
material to Mr. Y and in return Mr. Y has to pay INR 5 lakhs to the
Respondent as consideration.
5.3 That, Respondent fulfilled his obligations under the Contract by supplying raw
material to Mr. Y on 15th May, 2020. The proof that Mr. Y had received the
raw material supplied by the Respondent is annexed in Annexure -3.
5.4 That,on 16th May, 2020, Mr. Y issued a cheque amounting INR 5 lakhs in the
favour of the Respondent as Respondent has fulfilled his obligations under the
Contract. It is to be noted that the cheque given to the Respondent by Mr. Y
had the signature of Mr. Y. The cheque given by Mr. Y to the Respondent is
annexed at Annexure-4.
5.5 That, when the above-mentioned cheque was presented for encashment by the
Respondent to his banker, the same was returned unpaid by the banker with the
reason that there was “Insufficient Fund in Mr. Y’s bank account.”
5.6 That, thereafter on 25th May, 2020 Mr. X mistakenly filed a complaint against
the Revisionist instead of the Mr. Y before the Ld. Court.
5.7 That, on 31st May, 2020 Ld. Court on the basis of the said complaint took
cognizance and issued order of summon against the Revisionist to appear
before itself (hereinafter referred to as the “Order”).

6. That because the Revisionist was feeling aggrieved by the Impugned Order, he has
filed the present appeal on the following grounds: -

GROUNDS

a) Because, the Revisionist most humbly submits that the order of the Ld. Court
dated 31stMay, 2020 is totally illegal and was passed without applying the judicial
mind.
b) Because, in any stretch of imagination, Revisionist is not liable to the pay INR 5
Lakhs as the amount of consideration to the Respondent as the Contract was
signed between the Respondent and Mr. Y (where Mr. Y has entered into the
Contract in his personal capacity) and that Contract has nothing to do with the
Revisionist.
c) Because, the signature of Mr. Y on the cheque, issued by Mr. Y in favour of the
Respondent, also rule out the liability of the Revisionist and proves that Mr. Y has
entered into the Contract with the Respondent in his personal capacity.
d) Because, Ld. Court had done grave injustice with the Revisionist by passing the
Order.

7. That, Revisionist has no other remedy except to approach this Hon’ble Court for
justice.
8. That, Revisionist has not filed any other petition in any other court for seeking the
similar relief.

Page 12 of 20
 9. That, the present revision petition is filed within the limitation period specified in
the Limitation Act, 1961.

PRAYER
Whereof, in the light of above-mentioned facts and circumstances, Revisionist prays
before this Hon’ble Court as follows: -
1. To set aside the Order, bearing complaint no. 3120 of 2020, of the Ld. Court dated
31stMay,2020 titled “Mr. X vs XYZ” passed by Mr. Arnab Goswami, Chief
Metropolitan Magistrate, New Delhi.
2. Pass any other order as this Hon’ble Court thinks fits in the interest of justice.

Date- 8th June, 2020 XYZ

(Revisionist)
Through
Advocate Kunal Kamra.

Page 13 of 20
 IN THE COURT OF SESSION JUDGE, NEW DELHI
Misc. No. 6634 of 2020
In Criminal revision No. 7490 of 2020
IN THE MATTER OF
XYZ Private Ltd. Company ) …. Applicant
(Through A)
VERSUS

Mr. X ) …. Respondent

APPLICATION U/S 397 OF CR.P.C, 1973 SEEKING STAY OF THE

PROCEEDINGS AND SUMMONING OF THE TRIAL COURT RECORD.
1. That, the accompanying revision petition is being filed before this Hon’ble Court
wherein the facts narrated form the part of present application, thus not being
repeated herein for the sake of brevity.
2. It is most respectfully submitted that in the trial court the next date is fixed for
15th June, 2020, wherein the matter is fixed for appearance of the
Revisionist/Applicant, hence if the proceeding before the trial court is not stayed,
irreparable loss and grave prejudice would be caused to the Revisionist/Applicant.
3. That, even otherwise also, for the early disposal of the revision petition it is
incumbent to summon the trial court record, if record.
4. That, balance of convenience also lies in the favour of the Applicant.

It is therefore most respectfully prayed that in the proceeding before the trial court may
kindly be stayed and the trial court record may also be summoned in the interest of
justice. And/or any other order as may be deemed fit and proper may also be passed.

Applicant
Through
Advocate Kunal Kamra

5.

Page 14 of 20
 IN THE COURT OF SESSION JUDGE, NEW DELHI
Criminal Revisional Jurisdiction
Criminal Revision No. 7490 of 2020
IN THE MATTER OF
XYZ Private Ltd. Company ) …. Revisionist
(Through A)
VERSUS

Mr. X ) …. Respondent

AFFIDAVIT

I, Mr. A, S/o-Mr Ramesh Mehta, R/o- 502, Tower- I, Beta Society, Pitampura, New
Delhi, do hereby solemnly affirm and declare as under:

1. That, I Mr. A,being one of the directors of the XYZ Private Ltd. Company
(“Company”) and also the authorized person to represent the Company, is
well conversant with the fact of the case and thus competent to swear the
present affidavit.
2. That all the contents of the accompanying complaint have been drafted by my
counsel, under my instructions, which are read over and explain to me and I
found them to be correct.
Deponent
VERIFICATION
Verified at New Delhi on 8th day of June,2020 that all the contents of the above affidavit
are true and correct to the best of my knowledge and belief and nothing has been
concealed there from.

Deponent

Page 15 of 20
 Annexure -1

The copy of the resolution passed by the Board of Directors is mentioned below.

Page 16 of 20
 Annexure -2

The Contract which is signed between Mr. Y and the respondent on 2 nd January, 2020 in
Pitampura, New Delhi is mentioned below.

Page 17 of 20
 Annexure -3

The copy of the receipt showing the date and time at which the raw materials supplied by
the Respondent to Mr. Y is mentioned below.

Page 18 of 20
 Annexure -4

The cheque amounting INR 5 lakhs issued by Mr. Y in the favour of the Respondent is
mentioned below.

Page 19 of 20
 VAKALATNAMA

IN THE COURT OF SESSION JUDGE, NEW DELHI

Criminal Revisional Jurisdiction
Criminal Revision No. 7490 of 2020
IN THE MATTER OF
XYZ Private Ltd. Company ) …. Revisionist
(Through A)
VERSUS

Mr. X ) …. Respondent

I, Mr.A, S/o- Mr Ramesh Mehta,R/o- 502, Tower- I, Beta Society, Pitampura, New
Delhi.I being one of the directors of the XYZ Private Ltd. Company (“Company”) and
also the authorized person to represent the Company in the present revision petition,do
hereby appoint Advocate Kunal Kamra (hereafter referred to as “Advocate”) to be my
counsel in the above-mentioned case. I authorize Advocate to do any of the following on
my behalf: -
a) To represent, act and appear in the court or concerned authorities in regards to this
matter.
b) To sign, file, verify, present, and receive all types of documents including plaints,
written statements, pleadings, appeals, cross objections, petitions, applications,
revision, withdrawal, and affidavits
c) To deposit, draw and receive money, cheques, cash and grant receipts thereof.
d) To do all other acts and things which may be necessary or expedient, in the
opinion of the Advocate, to be done.
I do hereby agree to ratify and confirm all acts done by the Advocate in the matter as my
own acts, as if done by me to all intents and purposes.
Date- 8th June, 2020
Signature of the person appointing the Advocate.

Advocate Name Enrollment No. Mobile No. Signature of Advocate

Kunal Kamra 47859624 9643497654

Page 20 of 20