Bombay High Court
Pramod S/O. Gangaram Kothalkar vs Sanmitra Urban Co-Op Bank Ltd., ... on 5 September, 2017
Bench: V.M. Deshpande
1 apl404.17.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APL) NO.404/2017
Pramod s/o Gangaram Kothalkar,
aged 42 years, Occ. Driver,
r/o Opp. Bira Ram Mandir,
Quarter No.11, Jatharpeth,
Akola, Tq. Dist. Akola. .....APPLICANT
...V E R S U S...
1. Sanmitra Urban Co-Op. Bank Ltd.
Akola, through its Branch Manager,
Ramdaspeth Branch, Akola.
2. State of Maharashtra through
Public Prosecutor, High Court,
Nagpur. ...NON APPLICANT
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Mr. Ankush Tirukh, Advocate for applicant.
Mr. Prashik Gawai, Advocate for non applicant no.1.
Mrs. Kalyani Deshpande, A.P.P. for non applicant no.2.
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CORAM:- V. M. DESHPANDE, J.
DATED :- SEPTEMBER 5, 2017
ORAL JUDGMENT
1. Rule. Rule is made returnable forthwith. Heard finally
by consent of the parties.
2. Heard Mr. Ankush Tirukh, Advocate for applicant,
Mr.Prashik Gawai, Advocate for non applicant no.1 and Mrs.
Kalyani Deshpande, A.P.P. for non applicant no.2.
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3. This is an application under Section 482 of the Code of
Criminal Procedure filed by the applicant-accused who faced the
prosecution at the hands of the non applicant no.1 for an offence
punishable under Section 138 of the Negotiable Instruments Act.
The criminal complaint against the applicant was registered as
Summary Criminal Case No.2034/2010 and the learned Judicial
Magistrate First Class Court No.9, Akola vide judgment and order
dated 05.05.2017 found the applicant guilty and passed the order
of sentence thereby directing that the applicant shall suffer simple
imprisonment for three months. The applicant was also directed
to pay compensation of Rs.2,57,542/- within a period of six
months from the date of order else it was directed that he shall
undergo further simple imprisonment for one month.
4. Being dissatisfied, an appeal was carried by the
applicant before the learned Sessions Judge, Akola bearing
Criminal Appeal No.86/2017. In the said appeal, an application
for suspension of sentence pending the appeal and releasing the
applicant-appellant on bail was moved. The said application is at
Exh.-5 on the record of the appellate Court. The learned
Additional Sessions Judge, Akola disposed of the said application
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(Exh.-5) by suspending the substantive jail sentence on a condition
that the appellant should deposit Rs.75,000/- within a period of
one month from the date of the order. The present application is
filed before this Court on 19.06.2017 challenging the direction
granting time of only one month. According to the learned counsel
for the applicant, the applicant who runs taxi is unable to deposit
the amount as directed by the lower appellate Court within one
month and he therefore prayed for a period of three months.
5. Mr. Gavai, learned counsel for the non applicant-original
complainant vehemently opposed the prayer made by counsel for
the applicant. He submits that since the applicant is running a
taxi, he is deriving handsome income through the said business,
rhe prayer made by the applicant is unjust.
6. The appeal filed on behalf of the applicant questioning
the correctness or otherwise of his conviction and sentence is still
pending before the learned lower appellate Court. The applicant,
no doubt runs a taxi however there is nothing available on record
to show about the quantum of the income which the applicant
receives from the said business.
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7. In that view of the matter, in my view, following order
will suffice the ends of justice.
ORDER
(i) Criminal Application No.404/2017 is allowed.
(ii) Order dated 01.06.2017 passed by 4th
Additional Sessions Judge, Akola below Exh.5 in M.J.C.
No.86/2017 is modified. Clause (i) of the operative
order is substituted as under:
"The substantive jail sentence imposed upon the
applicant by the learned Magistrate is hereby suspended
until decision of the appeal pending before the appellate
Court subject to the condition that the appellant should
deposit Rs.75,000/- within one month from today."
(iii) Rest of the order is maintained.
(iv) It is made clear that in any case, there will not
be any further extension of time by this Court. Thus, the
applicant has to deposit Rs.75,000/- within one month
from today before the appellate Court.
Rule is made absolute in the above terms.
(V. M. Deshpande, J.)
kahale
