Final Order 1

Order Details: Copy of Judgment
Pdf Text: IN THE COURT OF METROPOLITAN MAGISTRATE,
71st COURT, BANDRA, MUMBAI.
SPL LAC No. 654/2023 Of BKC P. Stn.
C. C. NO. 2095/PS/2023
1. Name of Accused : Nilesh Hastimal Jain.
2. Offence complained : U/Sec. 185 of M. V. Act.
3. Particulars of Offence : That on 03/06/2023 at MTNL
Junction, BKC, Mumbai you accused was driving vehicle under
influence of alcohol and thereby commiitted an offence punishable
U/Sec. 185 of M. V. Act and within my cognizance.
Plea of Accused :
Q.1: Have you received copy of Chargesheet ?
Ans: Yes.
Q.2: Have you heard & understood the Charge now read over & explained
to you ?
Ans : Yes.
Q.3: Do you plea guilty ?
Ans : Yes.
Signature of Accused.
Before me,
Sd/
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
JUDGMENT
1. The accused is alleged to have committed offence U/Sec. 185 of M. V.
Act. The accused has pleaded guilty voluntarily when the consequences of
pleading guilty were explained to him. Thus, the accused will have to be
convicted.
2. The Ld. APP argued for maximum punishment. However, there is no
evidence of the previous conviction of the accused under the said section
available on record.
3. Heard the accused on the point of sentence. He stated that he is only
earning member in his family. His economic condition is not sound. His family
is totally dependent on him. He further stated that it is his first offence and he
assured that he will not commit any offence in future.
4. Considering the plea of the accused, following order is passed.
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ORDER
i] The accused is hereby convicted under Sec. 252 of Cr. P. C. for the
offence punishable U/Sec. 185 of Motor Vehicle Act and sentenced to
pay fine of R.3,500/ ( Three Thousand and Five Hundred only) and in
default of payment of fine accused is sentenced to suffer Simple
Imprisonment of 01 (One) Month.
ii] Seized property, if any, be returned to its lawful owner, as per rules.
iii] Proceeding closed. Case papers be filed.
(Judgment is pronounced in open court)
Place : Mumbai.
Date : 05/06/2023.
SRD.
Sd/
(A. B. Jadhav)
Metropolitan Magistrate,
71st Court, Bandra, Mumbai.
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