Dadabhau Arjun Shelar vs Sanjay Trambak Suryawanshi And ...
2022 Latest Caselaw 13076 Bom

                                                                          14-revnst16812-2022.doc


                        AGK

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                          CRIMINAL REVISION APPLICATION (ST) NO.16812 OF
                                              2022


                        Dadabhau Arjun Shelar                       ... Applicant
                                   V/s.
                        Sanjay Trambak Suryawanshi & Anr.           ... Respondents



           Digitally
                        Mr. Satyam H. Nimbalkar with Mr. Abhishek Arote for
                        the applicant.
           signed by
           ATUL
ATUL       GANESH
GANESH     KULKARNI
KULKARNI   Date:
           2022.12.16
           11:42:36
           +0530


                        Mr. A.R. Patil, APP for respondent no.2/State.



                                                    CORAM : AMIT BORKAR, J.

                                                    DATED      : DECEMBER 15, 2022
                        P.C.:

1. The applicant has been convicted for offence under section 138 of the Negotiable Instruments Act, 1881 and has been directed to undergo sentence of imprisonment for a period of six (6) months. He is further directed to pay fine of Rs.4,50,000/- (Rupees Four Lakh Fifty Thousand Only). The said judgment and order has been confirmed by the learned Sessions Court. The applicant has, therefore, filed present criminal revision application.

2. Learned advocate for the applicant, on instructions from the applicant's son, makes a statement that the applicant had deposited an amount of Rs.1,12,000/- (Rupees One Lakh Twelve Thousand Only) during the pendency of the complaint and appeal

14-revnst16812-2022.doc

before the Courts below. On instructions from the applicant's son, he states that the applicant will deposit additional amount of Rs.1 lakh in this Court within four (4) weeks from today. Hence, following order:

a) The sentence imposed by the judgment and order dated 6th April 2018 passed by the learned Judicial Magistrate First Class, Satana in S.T. C. No.737 of 2017 confirmed by judgment and order dated 20 th September 2021 passed by the learned Additional Sessions Judge, Malegaon in Criminal Appeal No.29 of 2018 is suspended, subject to the applicant depositing an amount of Rs.1 lakh within four (4) weeks from today;

b) The applicant shall be released on bail on furnishing cash surety of Rs.5,000/- (Rupees Five Thousand Only);

c) The applicant shall furnish P.R. Bond in the amount of Rs.5,000/- (Rupees Five Thousand Only) along with one surety in the like amount within four (4) week from today.

3. In case, the applicant fails to deposit the amount of Rs.1 lakh in this Court within four weeks from today, the order of suspension of sentence shall stand recalled without futher reference to the Court.

4. Stand over to 10th February 2023.

(AMIT BORKAR, J.)