Dhanraj Shrawanji Korde And ... vs Karina W/O Sunil Nagpal Thr. Her ...
2022 Latest Caselaw 8669 Bom

                                             1                                  52 revn210.22.odt


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

                  CRIMINAL REVISION APPLICATION NO. 210 of 2022
                         DHANRAJ SHRAWANJI KORDE AND ANOTHER
                                        VERSUS
                             SMT. KARINA W/o SUNIL NAGPAL
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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. Vaibhav B. Palorkar, Advocate for the applicants.

                                  CORAM : G. A. SANAP, J.

DATE : AUGUST 30, 2022.

1. Heard Mr. V. B. Palorkar, learned advocate for the applicants.

2. Issue notice to the non-applicant, returnable within four weeks.

3. Call for the record and proceedings.

Criminal Application (APPR) No. of 2022

1. This application for suspension of substantive sentence is submitted in the Court by the learned advocate for the applicant.

2. Heard Mr. V. B. Palorkar, learned advocate for the applicant.

3. Issue notice to the non-applicant, returnable within four weeks.

4. The applicant was convicted and sentenced by the learned 20th Judicial Magistrate, First Class (Spl.Court 138 N.I. Act), Nagpur by the judgment and order dated 21.11.2018 for the offence punishable under Section 138 of 2 52 revn210.22.odt

the Negotiable Instruments Act, 1881. It was confirmed by the learned Additional Sessions Judge-12, Nagpur in the appeal vide judgment and order dated 04.08.2022. The applicant was sentenced to suffer till rising of the Court and directed to pay compensation of Rs.6,10,000/-to the respondent, in default of payment of compensation, to suffer simple imprisonment for three months.

5. It is submitted by the learned advocate for the applicant that at the time of admission of the appeal in the Sessions Court, the applicant had deposited Rs.1,22,000/- out of total compensation of Rs.6,10,000/-. The learned advocate submits that the applicant has good case on merits. The learned Advocate submits that pending hearing and disposal of this application, the sentence may be suspended.

6. In the facts and circumstances, pending hearing and disposal of this application, it would be in the interest of justice to suspend the substantive sentence. Accordingly, the sentence awarded by the learned Magistrate and confirmed by the learned Additional Sessions Judge, shall stand suspended till the next date, subject to the applicant depositing Rs.2,00,000/- and on furnishing PR bond in the sum of Rs.25,000/- with one surety of the like amount before the trial Court.

7. Stand over within four weeks.

JUDGE Diwale Digitally signed byPARAG PRABHAKARRAO DIWALE Signing Date:30.08.2022 17:57