Sanjay Divakar Todankar vs Anant Balkrushna Shelar And Anr
2022 Latest Caselaw 13077 Bom

                                                                911-ia4296-2022 in revn441-2022.doc


                        AGK

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CRIMINAL APPELLATE JURISDICTION

                                 INTERIM APPLICATION NO.4296 OF 2022
                                                  IN
                             CRIMINAL REVISION APPLICATION NO.441 OF 2022


                        Sanjay Divakar Todankar                     ... Applicant
                                   V/s.
                        Anant Balkrushna Shelar & Anr.              ... Respondents

           Digitally



                        Mr. Rakesh Bhatkar i/by Mr. Mohit P. Dalvi for the
           signed by
           ATUL
ATUL       GANESH
GANESH     KULKARNI
KULKARNI   Date:
           2022.12.16


                        applicant.
           11:42:37
           +0530




                        Mr. Sudhir Prabhu for respondent no.1.
                        Mr. A.R. Patil, APP for respondent no.2/State.



                                                    CORAM : AMIT BORKAR, J.

                                                    DATED       : DECEMBER 15, 2022
                        P.C.:

1. The applicant having been convicted for offence punishable under section 138 of the Negotiable Instruments Act, 1881 was directed to suffer imprisonment for sixty (60) days and was further directed to pay an amount of Rs..4,25,000/- (Rupees Four Lakh Twenty Five Thousand Only). The applicant filed appeal against the said judgment and order along with condonation of delay. By the impugned order, the learned Sessions Judge has rejected the application for condonation of delay.

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

911-ia4296-2022 in revn441-2022.doc

that the applicant is willing to deposit amount of Rs.1 lakh within four (4) weeks from today and thereafter Rs.1 lakh within four weeks thereafter. The statement is accepted as an undertaking to this Court. Hence, following order:

a) The sentence imposed by order dated 29th September 2018 passed the learned 4th Judicial Magistrate First Class, Ratnagiri in SCC No.836 of 2015 is suspended, subject to condition that the applicant shall deposit Rs.1 lakh within four weeks from today and further amount of Rs.1 lakh within four weeks thereafter;

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

c) The applicant shall furnish PR Bond in the amount of Rs.5,000/- (Rupees Five Thousand Only) along with one surety in the like amount within three weeks thereafter.

3. It is made clear that in case the applicant fails to deposit the amounts of Rs.1 lakh within four weeks from today and further amount of Rs.1 lakh within four weeks thereafter, the order of suspension of sentence shall stand recalled without further reference to the Court.

4. Stand over to 20th February 2023.

(AMIT BORKAR, J.)