Bombay High Court
Suresh Chunilal Pariyar vs Ashok Kumar Chatarsenand Anr on 15 July, 2021
Bench: R.P. Mohite-Dere
19-IA-1769-2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.1769 OF 2021
(For Extension of Time)
IN
INTERIM APPLICATION NO. 529 OF 2021
IN
CRIMINAL REVISION APPLICATION NO. 203 OF 2020
Suresh Chunilal Pariyar ...Applicant
Versus
Ashok Kumar Chatarsen & Anr. ...Respondents
Mr. Pritesh Kantikumar Bohade for the Applicant
Mr. Sooraj S. Hulke, A.P.P for the Respondent-State
CORAM : REVATI MOHITE DERE, J.
(THROUGH VIDEO-CONFERENCING)
THURSDAY, 15th JULY 2021
P.C. :
1 Heard leaned counsel for the applicant and the learned A.P.P
for the State.
2 The applicant has filed the aforesaid application seeking
extension of time to deposit fine amount in the trial Court as directed by
this Court vide order dated 20th April 2021 and for continuation of the
SQ Pathan 1/5
19-IA-1769-2021.doc
suspension of the applicant's in-default sentence. Vide order dated 28 th
April 2021, this Court (Coram : A. S. Gadkari, J.) passed the following
order in Interim Application Nos. 529/2021 and 1330/2021 filed by the
applicant in the aforesaid revision application:
"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
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 8 th
June 2021, without seeking further extension in that behalf.
SQ Pathan 2/5
19-IA-1769-2021.doc
6. In view thereof, in default sentence imposed upon the
Applicant can be suspended.
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."
3 Vide para 6 clause (b), it is stated that if an amount of
Rs. 3,20,000/- was not deposited within the stipulated period, the applicant
would have to surrender before the trial Court to undergo in-default
sentence.
4 Learned counsel for the applicant submits that the said period
came to an end on 8th June 2021. He states that as the applicant could not
deposit the said amount within the stipulated period, the applicant filed the
aforesaid application on 11th June 2021. He submits that the applicant was
taken into custody on 8th July 2021. Learned counsel for the applicant, on
the instructions of the applicant, makes a statement that the applicant will
SQ Pathan 3/5
19-IA-1769-2021.doc
deposit the fine amount of Rs. 3,20,000/- in the trial Court within two
weeks of his release. Statement accepted. He submits that the applicant
will not seek any further time.
5 Only by way of indulgence, time is extended to deposit the in-
default fine amount of Rs. 3,20,000/- in the trial Court. The said amount to
be deposited by the applicant within two weeks of his release.
6 In the meantime, the applicant's in-default sentence imposed
on the applicant is suspended for a period of three weeks from today.
7 Applicant be released forthwith, in view of suspension of his
sentence, if not required in any other case.
8 It is made clear that if the amount is not deposited within two
weeks of the applicant's release, the applicant will have to surrender before
the trial Court, forthwith, to undergo in-default sentence.
9 Interim Application is disposed of accordingly.
SQ Pathan 4/5
19-IA-1769-2021.doc
10 Matter be listed on 5th August 2021, under the caption `for
compliance'.
11 Registry to forthwith communicate this order to the
Superintendent, Nashik Central Jail, by email/fax.
12 All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
SQ Pathan 5/5
