Nitin Potdar vs Shree Surgovind Tradeling Ltd., ...
2022 Latest Caselaw 4224 Bom

                                                                              35-IA-1292-2022-REVN-169--2022.doc




                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                   INTERIM APPLICATION NO. 1292 OF 2022
                                                    IN
                               CRIMINAL REVISION APPLICATION NO. 169 OF 2022
         Digitally
         signed by
         SHRADDHA
SHRADDHA KAMLESH
                       Mr. Nitin Potdar                                     ...Applicant
KAMLESH
TALEKAR
         TALEKAR
         Date:
                        Vs.
         2022.04.22
         13:45:36
         +0530         1. Shree Surgovind Tradeling Ltd.
                       & Anr.                                               ... Respondents
                                                      ****
                       Mr.Sagar Ganpat Talekar for applicant.
                       Mr.S.R. Aagarkar, APP for respondent No.1-State.

                                          CORAM : N. J. JAMADAR, J.

DATE : 21st APRIL, 2022 P.C.:

1. Heard the learned counsel for the applicant.

2. The applicant has been convicted by the learned

Metropolitan Magistrate, 70th Court, Mazgaon, Mumbai for the

offence punishable under section 138 of the Negotiable

Instruments Act, 1881 and sentenced to suffer simple

imprisonment for three months and pay fne of Rs.7,06,000/- with

default stipulation, by the judgment and the order dated 6th July

2017 in C.C. No.7000575/SS/2015. An appeal preferred there-

against, being Criminal Appeal No.251 of 2018, came to be

dismissed by the learned Sessions Judge, Greater Bombay, by

Shraddha Talekar, PS 1/3 35-IA-1292-2022-REVN-169--2022.doc

judgment and order dated 19th April 2022.

3. The learned counsel for the applicant submits that the

applicant has been taken in custody by the learned Sessions

Judge to undergo the sentence, on 19th April 2022 itself.

4. The learned counsel submits that the applicant has

deposited Rs.1,75,000/- towards the fne amount before the trial

court, pursuant to the order passed by the appeal court while

suspending the sentence. The learned counsel further submits

that the applicant is ready to deposit the further amount of

Rs.1,75,000/- towards fne, as ordered by the learned Magistrate.

5. In view of the aforesaid submissions, by way of interim relief,

the execution, operation and implementation of the sentence

passed by the Magistrate stands suspended, subject to the

applicant depositing further amount of fne of Rs.1,75,000/- in

this Court, on or before 28th April 2022.

6. In the meanwhile, the applicant be released on bail on

furnishing a P.R. Bond in the sum of Rs.15,000/-, and a surety in

the like amount to the satisfaction of the learned Magistrate.

Shraddha Talekar, PS 2/3 35-IA-1292-2022-REVN-169--2022.doc

7. Issue notice to the respondents, returnable on 10 th June

2022.

8. In addition to notice through Court, the applicant is at

liberty to serve respondents by private service and fle affdavit of

service.

9. All concerned to act on an authenticated copy of this order.

                                                        (N. J. JAMADAR, J.)




Shraddha Talekar, PS                                                                           3/3