Suresh Chunilal Pariyar vs Ashok Kumar Chatarsenand Anr
2021 Latest Caselaw 6826 Bom

     Tauseef                                                         10-IA.529.2021.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      CRIMINAL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO.529 OF 2021
                                     IN
                CRIMINAL REVISION APPLICATION NO.203 OF 2020

Suresh Chunilal Pariyar                          ...Applicant
           V/s.
Ashok Kumar Chatarsen & Anr.                     ...Respondents

                                   WITH
                    INTERIM APPLICATION NO.1330 OF 2021
                                     IN
                CRIMINAL REVISION APPLICATION NO.203 OF 2020


Suresh Chunilal Pariyar                          ...Applicant
           V/s.
Ashok Kumar Chatarsen & Anr.                     ...Respondents


Mr. Pritesh K. Bohade, Advocate for Applicant.
Mr. Sooraj Hulke, APP for Respondent No.2 (State).


                                    CORAM   : A. S. GADKARI, J.

                                    DATE    : 28th APRIL, 2021.

P.C. :

1. These are the Applications for suspension of sentence and

releasing the Applicant on bail.

2. Heard Mr. Bohade, learned Advocate for the Applicant and

Mr. Hulke, learned APP for the Respondent No.2 - State.

3. The Applicant is convicted under Section 138 of the

Negotiable Instruments Act, 1881 and is directed to pay fine of

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Tauseef 10-IA.529.2021.doc

Rs.4,00,000/-, in default payment of fine, to undergo rigorous

imprisonment of one year, by the learned Judicial Magistrate, First Class,

Court No.11, Nashik in S.C.C. No.1165 of 2014, by its Judgment and

Order dated 4th September 2017.

The Criminal Appeal No.175 of 2017, preferred by the Applicant

has been partly allowed by the learned Sessions Judge, Nashik by its

Judgment and Order dated 17th June 2020. The Appellate Court, extended

the period to pay compensation from one month to six months by its

impugned Judgment and Order. The Applicant has been directed to

undergo in default sentence, if he fails to pay fine amount of Rs.4,00,000/-

within a period of six months from the date of passing of the Order by the

Appellate Court.

4. Learned counsel for the Applicant submitted that, the Applicant

was on bail during the trial so also in Appeal. Applicant has deposited sum

of Rs.80,000/- in the Registry of the Trial Court during the pendency of

the Appeal.

5. In view thereof, the Applicant is directed to deposit balance

amount of fine of Rs.3,20,000/- in the Registry of the Trial Court on or

before 8th June 2021, without seeking further extension in that behalf.

6. In view thereof, in default sentence imposed upon the

Applicant can be suspended.

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      Tauseef                                                               10-IA.529.2021.doc

                   Hence the following Order:-

        a)         During       the   pendency    of   the    present       Revision

Application, the indefault sentence imposed upon the

Applicant is suspended.

b) If the Applicant fails to deposit the aforesaid amount of

Rs.3,20,000/- within the stipulated period, the

Applicant will have to surrender before the Trial Court

to undergo indefault sentence.

7. The Applications are allowed in the aforesaid terms.

(A. S. GADKARI, J.)

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