Jyoti Prakash Kadam vs Bhandrai Co-Operative Bank Ltd., ...
2022 Latest Caselaw 3603 Bom

                                                                1 of 2                  501.IA.1121.2022.doc


                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                               CRIMINAL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.1121 OF 2022
                                                             IN
                                        CRIMINAL REVISION APPLICATION NO.149 OF 2022

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

                               Mr.Rajy D. Suryawanshi, Advocate for applicant.
                               Mr.S.V.Gavand, 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.     Applicant is permitted to serve respondent no.1 by
                               privatenotice.


                               2.      This is an application for suspension of sentence and grant of
                               bail during pendency of Criminal Revision Application No.149 of
                               2022.     The applicant is convicted for the offence u/s.138 of
                               Negotiable Instruments Act vide judgment and order dated 12 th
                               February 2015 passed by JMFC, Ratnagiri and sentenced to suffer
                               simple imprisonment for one month. She has been directed to pay
                               compensation of Rs.94,000/- to the complainant. The judgment of

MANISH   Digitally signed by
         MANISH SURESH
                               Trial Court was challenged by preferring appeal before Additional
SURESH   THATTE


                               Sessions Judge, Ratnagiri. The appeal is dismissed and the judgment
         Date: 2022.04.05
THATTE   11:11:51 +0530




                               of Trial Court has been confirmed by order dated 30th March 2022.


                               3.      Learned advocate for applicant submit that applicant is lady.
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She is taken in custody on 30 th March 2022. It is further submitted
that proceedings had arisen out of loan obtained from the
complainant. In respect to the transaction which is subject matter of
this application, the applicant had paid Rs.30,000/- to the
complainant on 8th January 2019 during pendency of appeal before
Sessions Court.    Learned advocate has produced certificate of No
Dues dated 8th January 2019. On instructions it is submitted that
applicant is willing to deposit Rs.34,000/- before Trial Court by
tomorrow.


4.      Considering the aforesaid submissions, by way of interim
relief, the sentence of imprisonment can be suspended till further
orders.
                                ORDER

(i) The sentence of imprisonment imposed by judgment and order dated 12th February 2015 passed by learned Judicial Magistrate, First Class, Ratnagiri in Summary Criminal Case No.148 of 2020 and confirmed by Additional Sessions Judge, Ratnagiri vide judgment and order dated 30th March 2022 in Criminal Appeal No.18 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;

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

(iv) The applicant shall deposit Rs.34,000/- within three days from the date of uploading of this order before Trial Court at Ratnagiri;

(v)     Stand over to 8th June 2022.


                                          (PRAKASH D. NAIK, J.)
MST