Bombay High Court
Natthuji Fakruji Hanskar vs Balchandra Chit Fund Pvt. Ltd., ... on 19 March, 2021
Bench: V. G. Joshi
1 21 rev 33.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
CRIMINAL REVISION APPLICATION NO. 33 OF 2021
Natthuji Fakruji Hanskar
..vs..
Balchandra Chit Fund Pvt. Ltd., thr. Its P.O.A. Mr. Rajendra Ishwar Wadaskar
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri A.C. Jaltare, Advocate for Applicant.
CORAM : VINAY JOSHI, J.
DATED : 19/03/2021
Hearing was conducted through Video
Conferencing.
2. Admit.
3. Call for the Record and Proceedings.
CRIMINAL APPLICATION (APPR) NO.68 OF 2021
The Applicant/Accused who is convicted in
Summary Criminal Case No.418 of 2016 by learned Chief
Judicial Magistrate, Gadchiroli relating to the offence
punishable under Section 138 of the Negotiable
Instrument Act, 1881, seeks for suspension of the
execution of sentence. Learned Chief Judicial Magistrate
on conviction directed Accused to suffer simple
imprisonment for six months and to pay compensation to
the tune of Rs.75,000/- with default clause. Being
aggrieved by said order Applicant/Accused filed Criminal
Appeal No.17 of 2019, which came to be dismissed on
merit by Additional Sessions Judge, Gadchiroli vide it's
2 21 rev 33.2021
order dated 25.02.2021. From the date of dismissal of
appeal, the Applicant is in jail.
2. Learned Counsel for the Applicant would submit
that, he is prepared to argue the matter finally. Moreover,
he would submit that the Applicant is ready to deposit the
entire compensation amount of Rs.75,000/- within one
week. Already the Applicant is in jail for near-about one
month and it will take some time to receive record and
proceedings and to hear the Revision Application finally.
If, during meantime, the Applicant is detained in jail then
the purpose of Revision Application would be frustrated.
The Applicant is having arguable case on merit.
3. In view of that following order is passed :
(a) Execution and implementation of substantive
sentence imposed by learned Chief Judicial
Magistrate, Gadchiroli in Summary Criminal Case
No.418 of 2016 vide judgment and order dated
06.02.2019, stands suspended till final disposal of
the Revision Application, on condition that the
Applicant shall deposit entire fine amount before
the Trial Court.
(b) On deposit of compensation amount, the
Applicant/Accused namely Natthuji Fakruji
Hanskar be released on bail on his executing P.R
bond of Rs.15,000/- with one surety in the like
amount.
(b) The Trial Court shall ensure deposit of
3 21 rev 33.2021
compensation amount before releasing the
Applicant/Accused from jail.
The Criminal Application stands disposed of.
JUDGE
Trupti
