Baliram Shamrao Ghavane vs Bhaskar Amrutrao Kale And Another
2021 Latest Caselaw 18035 Bom

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             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.3337 OF 2021
                                      IN
            CRIMINAL REVISION APPLICATION NO.205 OF 2021


Baliram s/o. Shamrao Ghavane
Age : 48 years, Occu : Agri,
R/o. Shirala, Tal. & Dist. Latur                                 .. Applicant

          Versus

1.        Bhaskar Amrutrao Kale
          Age : 60 years, Occu : Agri,
          R/o. Shirala, Tal. & Dist. Latur

2.        The State of Maharashtra                              .. Respondents
                                       ...

                  Advocate for the Applicant : Mr. N.D. Kendre
                  APP for Respondent No.2 / State : Mr. S.G. Sangle
                                       ...


                                    CORAM       :   S. G. DIGE, J.
                                                    (Vacation Court)

                                    DATE        :   28-12-2021

PER COURT :

1.                The learned Advocate for the applicant submits that

revision applicant has deposited an amount of Rs.25,000/- before the

Sessions Court. He is in jail since 20-12-2021. Hence, requested to

pass appropriate order.



Gajanan


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2.                The learned APP submits that revision applicant be

directed to deposit entire cheque amount. The revision applicant is

convicted under Section 138 of the Negotiable Instruments Act and

sentenced him to pay a fine of Rs.50,000/- in default to suffer simple

imprisonment for one month. The learned APP, therefore, prayed to

reject the application.



3.        As the revision applicant has deposited an amount of

Rs.20,000/- before the Sessions Court, I pass the following order.


                                  ORDER

(i) Criminal Application is allowed.

(ii) The conviction awarded to the applicant vide Judgment and

order dated 11/10/2018 passed by the learned Judicial Magistrate

First Class (Court No.2), Latur in S.C.C. No.1065 of 2012 and

confirmed by the learned Additional Sessions Judge, Latur vide its

Judgment and order dated 20/12/2021 in Criminal Appeal No.37 of

2018, is hereby suspended till the hearing and conclusion of Criminal

Revision Application No.205 of 2021.

(iii) The applicant-accused shall be released on bail on executing a

P.R. Bond of Rs.20,000/-(Rs. Twenty Thousand only) with one surety Gajanan

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in the like amount before the trial Court.

(iv) Criminal Application stands disposed of.

( S. G. DIGE ) JUDGE

Gajanan