Dipak Vishnu Sawant vs Kirankumar Mulidhar More And Anr
2022 Latest Caselaw 12692 Bom

                                                           3-revn429-2022.doc


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

      CRIMINAL REVISION APPLICATION NO.429 OF 2022
                         WITH
          INTERIM APPLICATION NO.4095 OF 2022
                           IN
      CRIMINAL REVISION APPLICATION NO.429 OF 2022
                         WITH
          INTERIM APPLICATION NO.4093 OF 2022
                           IN
      CRIMINAL REVISION APPLICATION NO.429 OF 2022


 Dipak Vishnu Sawant                          ... Applicant
            V/s.
 Kirankumar Mulidhar More & Anr.              ... Respondents


 Mr. D.D. Rananaware with Mr. Manjeet Lotankar for
 the applicant.
 Mr. R.M. Pethe, APP for respondent no.2/State.


                               CORAM : AMIT BORKAR, J.

                               DATED    : DECEMBER 6, 2022
 P.C.:

1. The applicant has been convicted for offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and has been directed to undergo simple imprisonment for a period of one (1) year and is further directed to deposit compensation of Rs.2,00,000/- (Rupees Two Lakh Only) and fine of Rs.5,000/- (Rupees Five Thousand Only).

2. Learned advocate for applicant, on instructions, states that

3-revn429-2022.doc

the applicant has already deposited an amount of Rs.40,000/- (Rupees Forty Thousand Only) and is ready to deposit further amount of Rs.1,00,000/- (Rupees One Lakh Only).

3. Considering the judgment passed by both the Courts below and the undertaking made before this Court that the applicant shall deposit amount of Rs.1,00,000/- (Rupees One Lakh Only) within two (2) weeks from today, I pass following order:

(i) The sentence imposed by the learned Additional Chief Judicial Magistrate, Satara in Summary Criminal Case No. 1326 of 2018 dated 20th December 2021 confirmed by the learned Additional Sessions Judge, Satara in Criminal Appeal No.4 of 2022 dated 5th November 2022 is suspended;

(ii) The applicant shall be released on bail of furnishing cash surety of 10,000/- (Rupees Ten Thousand Only);

(iii) The applicant shall furnish P.R. bond of Rs. 10,000/- and one surety in the like amount within three weeks thereafter;

4. The applicant shall deposit amount of Rs.1,00,000/- within two weeks from today. In case the appicant fails to deposit an amount of Rs.1,00,000/- (Rupees One Lakh Only) within two (2) weeks from today, the order of suspension of sentence and release of the applicant on bail shall stands recalled without further reference to the Court.

5. Issue notice to the Respondent No.1, returnable on 30 th January 2023

(AMIT BORKAR, J.)