Amrut Namdeorao Kanherkar vs Prakash Digambar Sangekar
2022 Latest Caselaw 4611 Bom

                                                            1                               53.REVN.112-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

       CRIMINAL REVISION APPLICATION (REVN) NO. 112 OF 2022
                                   ( Amrut Namdeorao Kanherkar
                                                Vs.
                                    Prakash Digambar Sangekar )

Office Notes, Office Memoranda                           Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. S.M. Vaishnav, Advocate for the Applicant.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 29th APRIL, 2022.

Heard Mr. Vaishnav, learned counsel for the applicant, who assails the concurrent findings by the Courts below, which has led to the conviction of the applicant under Section 138 of the Negotiable Instruments Act, and consequent sentence to suffer Simple Imprisonment for one year and a fine of Rs. 3 Lakhs, by the learned Magistrate. In appeal, out of the fine amount, Rs. 60,000/- is said to have been deposited, which appeal has been dismissed.

2. Mr. Vaishnav, learned counsel for the applicant submits, that the story put forth by the complainant, regarding giving hand loan to the applicant is improbable as it claims advancement of an amount of Rs. 3 lakhs to be returned in five days, which purportedly was taken for the purpose of construction of the house of the applicant. He submits, that the improbability of his 2 53.REVN.112-2022.odt

plea has not been properly appreciated by the Courts below, which has resulted in passing of the impugned judgments. He further submits, that to show his bonafides, the applicant is ready to deposit additionally a sum of Rs. 1,50,000/- within a period of three weeks from today.

3. Issue notice for final disposal of the matter, returnable on 09.06.2022. By which time, a copy of all the exhibited documents before the learned Magistrate shall be placed on record. The evidence before the learned Magistrate has already been filed on record.

4. Criminal Application (APPR) No. 127/2022. Till the returnable date, the sentence imposed upon the applicant by the learned Magistrate shall stand suspended and the applicant be released on bail on his executing P.R. Bond in the sum of Rs. 50,000/- with two solvent sureties, subject to the condition of deposition of Rs. 1,50,000/- within a period of three weeks from today.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:29.04.2022 19:33