Bombay High Court
Vikas S/O Charandas Bankar vs Rajnikant S/O Krushnagopal ... on 24 August, 2022
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 190 OF 2022
VIKAS S/o CHARANDAS BANKAR
VERSUS
RAJNIKANT S/o KRUSHNAGOPAL MISHRA
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Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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Mr. Mahesh Rai, Advocate for the applicant.
CORAM : G. A. SANAP, J.
DATE : AUGUST 24, 2022.
1. Heard Mr. Mahesh Rai, learned advocate appearing
for the applicant.
2. Issue notice to the non-applicant, returnable within
three weeks.
Criminal Application (APPR) No. 263 of 2022
1. Heard Mr. Mahesh Rai, learned advocate appearing
for the applicant.
2. Issue notice to the non-applicant, returnable within
three weeks.
3. The applicant was convicted by the judgment and
order passed by the learned 26th Judicial Magistrate, First
Class and Spl. Court of 138 of N.I.Act, Nagpur, in
Summary Criminal Case No. 16237/2014, dated 17.11.2017
for the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 and sentenced to suffer
simple imprisonment till rising of the Court and to pay
2 30 revn190.22.odt
compensation of Rs.10,50,000/-, in default of payment of
compensation, to undergo simple imprisonment for three
months. In an appeal filed by the applicant against the said
judgment and order, the learned Additional Sessions
Judge-8, Nagpur confirmed the said order passed by the
learned Magistrate vide judgment and order dted
23.06.2022 in Cri. Appeal No. 343/2017.
4. Mr. Rai, learned advocate for the applicant submits
that out of total compensation amount of Rs.10,50,000/-,
the applicant has deposited Rs.2,10,000/- before the
Sessions Court, Nagpur and the remaining amount is yet to
be paid/deposited. He further submits that the appellant is
ready to deposit an amount of Rs.1,00,000/-. He prays that
pending hearing on this application for suspension of
sentence, the operation of the orders impugned may be
suspended.
5. In the facts and circumstances, pending hearing and
final disposal of this application, the order passed by the
learned Magistrate and confirmed by the learned Additional
Sessions Judge, impugned herein, shall remain suspended
till the next date, subject to applicant depositing
Rs.1,00,000/- within a period of two weeks from today.
6. The applicant shall furnish PR bond in a sum of
Rs.25,000/- with one solvent surety of the like amount
before the trial Court.
Digitally signed byPARAG
PRABHAKARRAO DIWALE
Signing Date:24.08.2022 JUDGE
18:31 Diwale
