Bombay High Court
Vishwambhar S/O Prabhakar Sonone vs Manoj Shyamsundar Lohiya on 22 January, 2021
Bench: V.M. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL APPLICATION [APPR] NO. 120 OF 2020
IN
CRIMINAL REVISION APPLICATION NO. 121 OF 2020
VISHWAMBHAR S/o PRABHAKAR SONONE
VERSUS
MANOJ SHYAMSUNDAR LOHIYA
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. Mahendra Roy, Advocate h/f Mr. M. P. Kariya, Advocate for the
applicant.
Mr. A. A. Dhawas, Advocate for the non-applicant.
CORAM : V. M. DESHPANDE, J.
DATE : JANUARY 22, 2021.
1. This is an application for condonation of delay in
filing revision application.
2. Office note shows that the notice issued on this
application is awaited. However, Shri A.A. Dhawas,
learned counsel appears and submits that he has
instructions to appear for non-applicant - Manoj
Shyamsundar Lohiya and he makes a statement that
yesterday only he has filed the Vakalatnama on behalf of
the non-applicant.
His statement is accepted.
3. In that view of the matter, service to the non-
applicant is complete.
4. There is a delay of 237 days in filing the revision
application.
5. Heard Shri Mahendra Roy, learned counsel holding
for Shri M.P. Kariya, learned counsel for the applicant on
the application for condonation of delay. Shri A.A.
Dhawas learned counsel for non-applicant graciously
submits that he has no objection for allowing this
2 220121appr120.20.odt
application since the matter can be contested on its own
merits. The stand taken by the learned counsel for the
non-applicant is appreciated.
6. The criminal application is allowed. Delay in filing
the revision application is condoned. The application is
disposed of.
Criminal Application (APPR) NO. 122 of 2020
1. Heard Shri Mahendra Roy, learned counsel holding
for Shri M. P. Kariya, learned counsel for the applicant
and Shri A. A. Dawas, learned counsel for the non-
applicant.
2. The applicant is the accused, whereas the non-
applicant is the complainant, who filed proceedings in the
Court of learned Judicial Magistrate, First Class, Mehekar
under the provisions of the Negotiable Instructions Act.
The applicant was convicted by the learned J.M.F.C,
Mehkar in Summary Criminal Case No. 848/2006 for the
offence punishable under Section 138 of the N.I. Act vide
judgment dated 06.09.2010. The applicant was directed
to suffer simple imprisonment for two months and to pay a
fine of Rs.40,000/-. Out of the said fine amount of
Rs.40,000/-, an amount of Rs.35,000/- was directed to be
paid to the non-applicant/complainant.
3. Felt aggrieved thereby, the applicant approached
to the learned Sessions Judge, Buldhana by filing an
appeal. It was registered as Criminal Appeal No. 01/2019
and the learned Additional Sessions Judge, Mehekar
vide judgment dated 07.12.2019 dismissed the appeal.
The learned Additional Sessions Judge directed the
applicant to appear before the trial Court within a period
of one month from the date of judgment.
3 220121appr120.20.odt
4. The applicant approached to this Court by filing this
revision. Since, the revision was barred by limitation, he
filed an application for condonation of delay and the
present application for suspension of substantive jail
sentence and for grant of bail along with the revision
application. On 27.11.2020, this application came up for
consideration before this Court (Coram : Manish Pitale,
J.). On the said day, the learned counsel for the applicant
made a statement before the Court that the applicant has
already deposited Rs.20,000/- in the Court of learned
J.M.F.C., Mehekar. This Court thereafter directed the
applicant to deposit balance Rs.20,000/- within a period
of six weeks and subject to deposit of the balance
amount, the substantive sentence was suspended.
5. Today, Mr. Roy, learned counsel for the applicant
submitted that as per the directions given by this Court on
27.11.2020, the applicant has deposited balance amount
of Rs.20,000/- in the Court of learned Judicial Magistrate,
First Class, Mehkar and he tenders a pursis dated
21.01.2021 along with a photo copy of the receipt. The
pursis along with a photo copy of the receipt is taken on
record and it is marked as "Exhibit-X" for the purposes of
identification. Even Shri Dhawas, learned counsel for the
complainant states that in pursuance to the order dated
27.11.2020, the applicant has deposited the amount.
6. In view of the fact that the applicant has already
complied with the condition and he is already on bail, this
application is allowed.
7. The substantive jail sentence imposed on the
applicant by the learned Judicial Magistrate, First Class,
Mehkar in Summary Criminal Case No. 848/2006 for the
offence punishable under Section 138 of the N.I. Act vide
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judgment dated 06.09.2010, shall remain suspended
during pendency of this revision application.
8. Applicant - Vishwambhar Prabhakar Sonone shall
execute fresh bond of Rs.10,000/- before the learned trial
Court within a period of two weeks from today.
9. With this, APPR No.122/2020 is disposed of.
Cri. Revision Application No. 121 of 2020.
1. Heard learned counsel for the parties.
2. Looking to the amount for which the cheque in
question was given by the applicant, the learned counsel
for the complainant/non-applicant Mr. Dhawas states that
the matter can be sent for mediation. Mr. Roy, learned
counsel for the applicant also submits the same.
3. In that view of the matter, Registrar (Judicial) is
directed to appoint a Mediator from the panel of
Mediators to mediate the matter.
4. The parties agreed that they will appear before the
learned Mediator on 08.02.2021 at 2.00 p.m. in the
Mediation Centre of this Court.
5. The learned Mediator so appointed is requested to
file the mediation report within a period of three weeks
from first appearance.
JUDGE
Diwale
Digitally signed
by Parag
Parag Diwale
Diwale Date:
2021.01.22
17:36:28 +0530
