Bombay High Court
Shanti Krushi Seva Kendra Thr. ... vs The Vidarbha Cooperative ... on 18 July, 2017
Bench: V.M. Deshpande
Judgment
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR
CRIMINAL APPLICATION (APL) NO.776 OF 2016
Shanti Krushi Seva Kendra through
its Proprietor Pravin s/o Vasantrao
Dhone, age 39 years, Occupation
Business, R/o Malipura, Alegaon,
Taluka Patur, District Akola. ..... Applicant.
:: VERSUS ::
1. The Vidarbha Co-operative
Marketing Society Limited, Nagpur
branch, Akola Through its District
Marketing Manager Shri R.R.
Mungona, Aged adult, Occupation
business, r/o Opposite Shivaji College,
Akola, Taluka and District Akola.
2. State of Maharashtra,
Through D.G.P. Akola,
Taluka and District Akola. ..... Non-applicants.
================================================================
Shri S.A. Mohta, Counsel for the applicant.
Shri N.R. Tekade, Counsel for non-applicant No.1.
Shri I.J. Damle, Addl.P.P. for non-applicant No.2/State.
================================================================
.....2/-
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CORAM : V.M. DESHPANDE, J.
DATE : JULY 18, 2017.
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard
finally by consent of learned counsel appearing for the
parties.
2. The present application is filed by original
accused. Non-applicant No.1 is original complainant. A
proceeding for the offence punishable under Section 138 of
the Negotiable Instruments Act, 1881 was initiated against the
present applicant vide Summary Criminal Case No.3386 of
2004 before learned Judicial Magistrate First Class, Court
No.3 at Akola. Vide judgment and order of conviction dated
17.9.2016, learned Magistrate convicted the present applicant
and directed that he should suffer simple imprisonment for 6
.....3/-
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months and also directed to pay Rs.4,00,000/- towards
compensation.
3. The applicant feeling aggrieved thereby, preferred
an appeal before learned Sessions Judge at Akola. The said
criminal appeal came to be registered as Criminal Appeal
No.150 of 2016. In the said appeal, an application for
suspension of substantive jail sentence and for grant of bail
was filed. The said application is at Exhibit 5. Learned
Additional Sessions Judge at Akola on 15.10.2016 allowed the
said application on a condition that the applicant should
deposit cheque amount of Rs.3,23,772-10 till next date.
4. Learned counsel Shri S.A. Mohta for the applicant
submits that the applicant has already deposited amount of
Rs.5,000/- on 17.9.2016; amount of Rs.75,000/- on 3.1.2017, and
amount of Rs.81,886 on 13.1.2017. Thus, total amount of
.....4/-
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Rs.1,161,886/- is deposited by the present applicant. Learned
counsel has handed over 3 receipts. Those three receipts are
taken on record and marked as "Annexure X" for the purposes
of identification.
5. The applicant has challenged order dated
15.10.2016 passed by learned Additional Sessions at Akola
before this Court.
6. The complainant has an every right to prefer a
statutory appeal. The applicant has preferred the said
statutory appeal. The said appeal is yet not decided and is
pending on the file of the Lower Appellate Court. Thus,
conviction is not yet attained its finality. The applicant has
already shown his bona fide by depositing amount of
Rs.1,161,886/-.
7. In that view of the matter, this is a fit case wherein
.....5/-
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the Court should exercise its inherent jurisdiction under
Section 482 of the Code of Criminal Procedure in favour of the
present applicant. Hence, I pass the following order:
ORDER
i) The criminal application is allowed.
ii) Order dated 15.10.2016, passed by learned
Additional Sessions Judge at Akola below
Exhibit-5 in Criminal Appeal N0.150 of 216, is
modified.
iii) The applicant be released on bail on he
executive a P.R. Bond in the sum of Rs.15,000/-
(rupees fifteen thousand only) with one solvent
surety in the like amount.
iv) Amount deposited of Rs.1,161,886/- shall be
.....6/-
Judgment
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invested by the Court below in any Nationalized
Bank so as to save loss of interest.
The criminal application is partly allowed and
disposed of.
JUDGE
!! BRW !!
...../-
