Prashant Gangadhar Khedekar vs State Of Maharashtra And Anr
2022 Latest Caselaw 12689 Bom

                                                          12-revn-425-2022.doc


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

      CRIMINAL REVISION APPLICATION NO.425 OF 2022

 Prashant Gangadhar Khedkar                    ... Applicant
            V/s.
 The State of Maharashtra & Anr.               ... Respondents

 Mr. Sameer P. Nangre for the applicant.
 Mr. A.R. Patil, APP for respondent no.1/State.


                               CORAM : AMIT BORKAR, J.

DATED : DECEMBER 6, 2022 P.C.:

1. The order impugned rejects application for condonation of delay in filing application for restoration of substantive appeal against the order of conviction and sentence. The applicant has been convicted for offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and has been directed to suffer simple imprisonment for a period of two (2) months. He is further directed to pay cheque amount of Rs.11,26,419.28 (Rupees Eleven Lakh Twenty Six Thousand Four Hundred and Nineteen and Paisa Twenty Eight Only) towards compensation.

2. The learned advocate for the applicant, on instructions, states that the applicant is ready to deposit 50% of the amount of cheque. He states that the applicant has been arrested in pursuance of the judgment dated 17th January 2014. Hence, following order:

12-revn-425-2022.doc

i) Issue notice to the respondent No.2, returnable on 30th January, 2023;

ii) The sentence imposed by judgment and order dated 17th January 2014 in CC No.1206/SS/2013 passed by the learned Metropolitan Magistrate's 72nd Court, Vikhroli, Mumbai is suspended, subject to payment of 75% of the amount of cheque within two weeks (2) from today;

iii) The accused shall be released on bail on furnishing cash security of Rs. 10,000/- (Rupees Ten Thousand Only);

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

3. It is made clear that if the applicant fails to deposit 75% of the amount of cheque within two (2) weeks from today, the order of suspension of sentence and release of the applicant on bail shall stand recalled without further reference to this Court.

(AMIT BORKAR, J.)