2020 (2) ABR (Cri) 664

Bombay High Court

Hon'ble Judge(s): Vibha Kankanwadi , J

Criminal P.C. (2 of 1974) , S.482— Consumer Protection Act (68 of 1986) , S.27(1), S.27(3)— Quashing of order - Complaint against accused persons for non payment of amount of fixed deposits - Directions of District Consumer Forum to repay amount of fixed deposits along with interest - Non compliance of order by accused persons - Execution applications filed by complainants under S. 27(1), (3) of Consumer Protection Act- Issuance of non bailable warrant against accused persons - Accused persons taken in custody - Accused/applicant filed application for cancellation of non bailable warrant and was released on bail - Plea of accused recorded by Forum and asked to satisfy Award, else would be sent in jail - Oral request made by accused that society would be repaying amount to depositors and same was in process - District Forum did not even put matter for evidence - Forum without following due procedure of law passed order of cancellation of his bail and took him in custody - Order of cancellation confirmed by State Commission - Neither any steps taken against other accused persons nor there was separation of trial - Unless there would have been a proper separation of trial, steps could not have been taken only against one accused - Bail was cancelled without going into merits of case by adopting summary procedure - Such procedure not contemplated under S. 27(1) or 27(3) of 1986 Act - As basic procedure....