Jyoti Prakash Kadam vs Bhandari Co-Operative Bank Ltd., ...
2022 Latest Caselaw 3602 Bom

                                                                1 of 2                    502.IA.1123.2022.doc


                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                           INTERIM APPLICATION NO.1123 OF 2022
                                                            IN
                                       CRIMINAL REVISION APPLICATION NO.150 OF 2022

                               Jyoti Prakash Kadam                                         Applicant
                                      versus
                               Bhandari Co-operative Bank Ltd. Through
                               Vijay B. Mayekar and another                                Respondents

                               Mr.Raju D. Suryawanshi, Advocate for applicant.
                               Mr.Arfan Sait, APP, for State.

                                                       CORAM :           PRAKASH D. NAIK, J.

                                                       DATE      :       4th April 2022
                               PC :

                               1.     Issue notice to respondent no.1 returnable on 8th June 2022.
                               Spare copy be supplied in registry for issuing notice to respondent
                               no.1. Respondent no.1 is permitted to be served by private notice.


                               2.     The applicant is convicted for offence u/s.138 of Negotiable
                               Instruments Act vide judgment and order dated 23 rd February 2015
                               passed by learned JMFC, Ratnagiri in Summary Criminal Case
                               No.149 of 2010. The applicant has been sentenced to suffer simple
                               imprisonment of one month and pay compensation to the
                               complainant to the tune of Rs.69,000/-.


                               3.     The Trial Court's judgment of conviction was challenged by
         Digitally signed by
MANISH
                               preferring appeal before the Court of learned Additional Sessions
         MANISH SURESH
SURESH   THATTE
         Date: 2022.04.05
THATTE   11:11:49 +0530


                               Judge, Ratnagiri. Vide judgment and order dated 30 th March 2022
                               the appeal has been dismissed.
                                  2 of 2                  502.IA.1123.2022.doc


4.      Learned advocate for applicant submit that applicant has been
taken in custody on 30th March 2022. She is lady. The proceedings
are arisen out of loan transaction with respondent no.1. Applicant
has repaid Rs.20,000/- on 8th January 2020 and Rs.10,000/- on 10 th
February 2020 Learned counsel has produced receipts in support of
his submission. On instructions it is further submitted that applicant
shall deposit Rs.30,000/- before Trial Court by tomorrow.


5.      Considering the above submissions, interim relief can be
granted to the applicant.
                                ORDER

(i) The sentence of imprisonment imposed vide judgment and order dated 23rd February 2015 passed by Judicial Magistrate, First Class, Ratnagiri in Summary Criminal Case No.149 of 2010 and confirmed by Additional Sessions Judge, Ratnagiri vide judgment and order dated 30th March 2022 in Criminal Appeal No.21 of 2015, is suspended and applicant is directed to be released on bail on executing PR bond in the sum of Rs.20,000/- with one or more sureties in the like amount till next date of hearing;

(ii) The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- till next date of hearing;

(iii) The applicant shall deposit Rs.30,000/- within three days from the date of uploading this order before Trial Court;

(iv)    Stand over to 8th June 2022.


                                          (PRAKASH D. NAIK, J.)
MST