Bombay High Court
Jugalkishore Navalkishore ... vs The Washim Urban Co-Ope. Bank Ltd. ... on 2 December, 2022
Bench: G. A. Sanap
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 278 OF 2022
JUGALKISHORE NAVALKISHORE KOTHARI
VERSUS
THE WASHIM URBAN CO-OP. BANK LTD. AND ANOTHER
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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. Akshay A. Naik, Advocate with Mr. M. G. Sarda, Advocate for
the applicant.
Mr. S. G. Joshi, Advocate for non-applicant no.1.
Mr. Amit R. Chutke, A.P.P. for the non-applicant no.2/State
CORAM : G. A. SANAP, J.
DATE : DECEMBER 02, 2022.
1. Heard Mr. Akshay Naik, learned advocate for the
applicant.
2. Issue notice to the non-applicants
3. Mr. S. G. Joshi, learned advocate waives service of
notice on behalf of non-applicant no.1
4. Mr. Amit. R. Chutke, learned Additional Public
Prosecutor waives service of notice on behalf of non-
applicant no.2/State.
CRIMINAL APPLICATION (APPR) NO. 407 OF 2022
1. Heard Mr. Akshay Naik, learned advocate for the
applicant.
2. Issue notice to the non-applicants.
3. Mr. S. G. Joshi, learned advocate waives service of
notice on behalf of non-applicant no.1
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4. Mr. Amit. R. Chutke, learned Additional Public
Prosecutor waives service of notice on behalf of non-
applicant no.2/State.
5. Learned advocate for the applicant submits that on
the date of the judgment and order dated 28.11.2022 passed
by the learned Sessions Judge, Akola in Criminal Appeal
No. 05/2016, the applicant was taken into custody and at
present he is lodged at Central Prison, Akola. Learned
advocate submits that out of the cheque amount of
Rs.21,20,000/-, the applicant has deposited Rs.6,00,000/-.
The learned advocate took me through the record and
pointed out certain illegalities. It is submitted that subject
to appropriate conditions, pending hearing and final
disposal of this application, the substantive sentence may
be suspended.
6. On conviction of the applicant by the learned 5 th
Judicial Magistrate First Class, Akola in Summary Criminal
Case No. 5440/2006 by the judgment and order dated
21.12.2015 for the offence punishable under Section 138 of
the Negotiable Instruments Act, 1881, the applicant has
been sentenced to suffer simple imprisonment for one
month and to pay a fine of Rs.21,20,000/- and in default of
payment of fine to suffer further simple imprisonment for a
period of seven days.
7. In the facts and circumstances, in my view, till the
final hearing and disposal of this application, the
substantive sentence can be suspended.
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8. In the facts and circumstances, it is ordered that the
substantive sentence shall remain suspended during
pendency of the application for suspension of substantive
sentence, subject to the condition that the applicant shall
deposit Rs.8,00,000/- within one week from today in this
Court.
9. In the meantime, applicant - Jugalkishore
Navalkishore Kothari be released on bail on his furnishing
PR bond in the sum of Rs.50,000/- with one surety of the
like amount.
10. Time is granted for filing reply. Stand over after
Christmas vacation.
11. Hamdast is permitted.
JUDGE
Diwale
Digitally signed byPARAG
PRABHAKARRAO DIWALE
Signing Date:02.12.2022
17:54
