Kishore N Dalal vs M/S Rao And Associates And Anr
2022 Latest Caselaw 13217 Bom

                      Tauseef Farooqui                                 04-REVN.ST.21135.2022.doc
TAUSEEF
LAIQUEE
FAROOQUI                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
                                     CRIMINAL APPELLATE JURISDICTION
TAUSEEF LAIQUEE
FAROOQUI
Date: 2022.12.20           CRIMINAL REVISION APPLICATION (ST.) NO.21135 OF 2022
19:20:07 +0530

                      Kishore N. Dalal                                ...Applicant
                           V/s.
                      M/s. Rao & Associates & Anr.                    ...Respondents

                                                    WITH
                                  INTERIM APPLICATION (ST) NO.21143 OF 2022
                                                    WITH
                                  INTERIM APPLICATION (ST) NO.21142 OF 2022

                      Mr. Siddhant Vakil for Applicant.
                      Mr. Tanvir Shaikh a/w Mr. K. C. Pandey for Respondent No.1.
                      Mr. A. R. Patil, APP for Respondent No.2 (State).

                                               CORAM          :   AMIT BORKAR, J.

                                               DATE           :   DECEMBER 19, 2022

                      P.C.:

1. The applicant is an accused in proceedings under Section 138 of Negotiable Instruments Act, 1881. The applicant has been convicted and sentenced by the Court below to undergo simple imprisonment of one month and to pay compensation of Rs.1,60,00,000/-.

2. Learned advocate for the applicant submits that the applicant is 85 years old person and his financially condition is vicarious. He submits that he has arguable case in the matter.

3. Learned advocate for respondent no.1 disputes this position. He submits that both the courts have convicted and

Tauseef Farooqui 04-REVN.ST.21135.2022.doc

sentenced the applicant and the Revision Application deserves to be dismissed.

4. Having considered the age of the applicant and considering the reasons assigned in the impugned judgment. Hence, I pass following order:-

(i). The sentence imposed by order dated 17 th December 2021, passed by Metropolitan Magistrate, 23rd Court in case no.3123/SS/2017 is suspended, subject to deposit of Rs.80,00,000/-.

(ii). The applicant shall deposit amount of Rs.80,00,000/- in this Court within two (2) weeks from today.

(iii). It is made clear that if the applicant fails to deposit amount of Rs.80,00,000/-, within two (2) weeks from today, the order of suspension of sentence shall stand vacated without further reference to the Court.

(iv). Stand over to 14th February 2023.

(AMIT BORKAR, J.)