Arjun Waliba Gare vs Ramnath Karbhari Sanap And Anr
2022 Latest Caselaw 12686 Bom

                                                          13-revn428-2022.doc


 VRJ
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

      CRIMINAL REVISION APPLICATION NO.428 OF 2022
                         WITH
          INTERIM APPLICATION NO.4094 OF 2022
                           IN
      CRIMINAL REVISION APPLICATION NO.428 OF 2022
                         WITH
          INTERIM APPLICATION NO.4092 OF 2022
                           IN
      CRIMINAL REVISION APPLICATION NO.428 OF 2022


 Arjun Waliba Gare                             ... Applicant
            V/s.
 Ramnath Karbhari Sanap & Anr.                 ... Respondents


 Ms. Pranita P. Hingmire for the applicant.
 Mr. A.R. Patil, APP for the respondent No.2/State.


                               CORAM : AMIT BORKAR, J.

                               DATED     : DECEMBER 6, 2022


 P.C.:

1. The applicant is challenging judgment and order dated 15 th November, 2022 passed by the learned Additional Sessions Judge, Niphad in Criminal Appeal No.5 of 2018 confirming judgment and order dated 9th August, 2017 passed by the learned Judicial Magistrate, First Class, Niphad in Summary Criminal Case No.165 of 2015.

13-revn428-2022.doc

2. Learned Magistrate has convicted and sentenced the applicant for offence punishable under section 138 of the Negotiable Instruments Act, 1881 and he was directed to undergo simple imprisonment for a period of three (3) months. He is further directed to pay compensation of Rs.3,10,000/-(Rupees Three Lakh Ten Thousand Only). During pendency of the appeal, the applicant has deposited 20% of the amount of compensation as directed by the learned Magistrate.

3. Learned advocate for the applicant, on instructions, states that the applicant is ready to deposit 30% more in addition to the 20% deposited by the applicant within two (2) weeks from today. He states that the applicant has been arrested in pursuance of the impugned judgment and order. Hence, following order:

a) Issue notice to the respondent No.1, returnable on 30th January, 2023.

b) Till 6th February 2023, the sentence imposed by the judgment dated 15th November, 2022 passed by the learned Additional Sessions Judge, Niphad in Criminal Appeal No.5 of 2018 confirming judgment and order dated 9th August, 2017 passed by the learned Judicial Magistrate First Class, Niphad in Summary Criminal case No.165 of 2015 stands suspended.

c) The sentence is suspended subject to the applicant depositing 30% of the cheque amount.

d) The applicant shall be released on cash surety of Rs.10,000/- (Rupees Ten Thousand Only).

13-revn428-2022.doc

e) The applicant shall furnish PR Bond in the amount of Rs.10,000/- (Rupees Ten Thousand Only) and one (1) surety in the like amount within three (3) weeks thereafter.

f) It is made clear that in case the applicant fails to deposit 30% of the cheque amount, the order of suspension of sentence and release of the applicant on bail shall stand recalled without further reference to the Court.

(AMIT BORKAR, J.)