Nitin Madhav Karnik vs Sandeep Janardhan Landge And Anr
2022 Latest Caselaw 13321 Bom

                                                             5-revn450-2022.doc


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

       CRIMINAL REVISION APPLICATION.450 OF 2022
                         WITH
          INTERIM APPLICATION NO.4342 OF 2022
                           IN
      CRIMINAL REVISION APPLICATION NO.450 OF 2022


 Nitin Madhav Karnik                            ... Applicant
           V/s.
 Sandeep Janardhan Landge & Anr.                ... Respondents


 Mr. Vikas Shivarkar for the applicant.
 Mr. A.R. Patil, APP for the respondent no.2/State.


                               CORAM : AMIT BORKAR, J.

                               DATED      : DECEMBER 20, 2022
 P.C.:

 Interim Application NO.4342 of 2022:

1. The applicant is challenging judgment and order dated 7th December 2022 passed by the learned Sessions Judge confirming conviction and sentence of the applicant for offence under section 138 of the Negotiable Instruments Act, 1881. The applicant has been sentenced to suffer simple imprisonment of one (1) month. The applicant has been taken in custody on 7th December, 2022.

2. Learned advocate for the applicant submitted that the appeal has been decided without considering documents in file 'C'. He invited my attention to paragraph 4 of the impugned judgment.

5-revn450-2022.doc

3. Taking into consideration the period of imprisonment imposed and paragraph 4 of the judgment, the applicant has made out a case for suspension of sentence subject to conditions.

4. The sentence imposed by judgment and order passed by the learned Judicial Magistrate, First Class, (A.C. Court), Pune in Summary Criminal Case No.49037 of 2007 dated 23rd August, 2011 confirming by the learned Sessions Judge, Pune in Criminal Appeal No.104 of 2012 is suspended subject to condition of the applicant depositing an amount of Rs.30,000/- (Rupees Thirty Thousand Only) within four (4) weeks from today.

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

6. The applicant shall furnish PR Bond in the amount of Rs.10,000/- (Rupees Ten Thousand Only) and one surety in the like amount within four (4) weeks from today.

7. It is made clear that if the applicant fails to deposit an amount of Rs.30,000/- (Rupees Thirty Thousand Only), the order of suspension shall stand vacated without further reference to Court.

8. Stand over to 15th February 2023.

Criminal Revision Application No.450 of 2022.

Issue notice to the respondent No.1, returnable on 15th February, 2023.

(AMIT BORKAR, J.)