Uday S/O Prabhakarrao Kokate vs Sanjay Namdevrao Umate
2022 Latest Caselaw 12780 Bom

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

        CRIMINAL REVISION APPLICATION NO.285 OF 2022

                         Uday s/o Prabhakarao Kokate
                                       (Vs.)
                           Sanjay Namdevrao Umate
_______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions             Court's or Judge's
orders.
and Registrar's Orders.
                      Shri Mahesh Rai, Advocate for the applicant.


                    CORAM : G.A. SANAP, J.

DATE : 08.12.2022.

Heard.

2. Issue notice to the non-applicant, returnable after three weeks.

3. The incharge of the concerned Police Station shall ensure the service of notice to the non-applicant.

4 revn 285.22.odt..odt

CRIMINAL APPLICATION NO.417 OF 2022

1. The applicant in this revision has challenged the judgment and order dated 16.11.2022 passed by the learned Additional Sessions Judge, Wardha whereby the appeal filed by the applicant against his conviction and sentence for the offence under Section 138 of the Negotiable Instruments Act, 1881 came to be rejected. Learned Magistrate had awarded substantive sentence of one year rigorous imprisonment and to pay a fine of Rs.2,56,000/- and in default of payment of fine to further suffer rigorous imprisonment for three months.

2. Learned Advocate for the applicant submits that till the decision of the application for suspension of sentence finally, by way of ad-interim order the substantive sentence may be suspended.

3. The applicant was taken in custody on 02.11.2022 by the learned Additional Sessions Judge. He has been in jail for about one month. In the facts and circumstances, subject to appropriate conditions, ad-interim order can be granted in favour of the 4 revn 285.22.odt..odt

applicant.

4. Accordingly, it is ordered that substantive sentence shall remain suspended till the next date. It is subject to condition that the applicant shall deposit 20% of the amount of compensation within a period of one month from today in the trial Court. The applicant be released on bail on his furnishing P.R. bond in the sum of Rs.20,000/- with one surety in the like amount.

5. Stand over after four weeks.

JUDGE

manisha

Signed By:MANISHA ALOK SHEWALE

Signing Date:08.12.2022 17:47