Citation : 2022 Latest Caselaw 13405 Bom
Judgement Date : 21 December, 2022
14-revn454-2022.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.454 OF 2022
Digitally
signed by
ATUL
ATUL GANESH
Vinod Pandurang Nigudkar ... Applicant
GANESH KULKARNI
KULKARNI Date:
2022.12.21
16:51:33
V/s.
+0530
The State of Maharashtra & Anr. ... Respondents
Mr. Kuldeep S. Patil, i/by Ms. Saili N. Dhuru for the
applicant.
Mr. A.R. Patil, APP for respondent no.1/State.
CORAM : AMIT BORKAR, J.
DATED : DECEMBER 21, 2022
P.C.:
1. Issue notice to the respondent no.2, returnable on 17th February 2023.
2. Considering the scheme of the provisions of section 138 of the Negotiable Instruments Act, 1881 (hereafter "NI Act", for short) and the submissions made on behalf of the applicant, following order is passed.
3. The direction to pay fine of Rs.2,50,000/- and default sentence to undergo simple imprisonment for a period of two (2) months imposed by order dated 30th November 2022 passed by the learned Disrict Judge-2 & Additional Sessions Judge, Mangaon confirming judgment and order dated 22nd May 2017 passed by the learned Judicial Magistrate First Class, Mahad in SCC No.645
14-revn454-2022.doc
of 2006 is hereby stayed till 21st February 2023, subject to the applicant depositing an amount of Rs.15,000/- in addition to the amount of Rs.1,10,000/- already deposited with the lower Court.
4. It is made clear that in case the applicant fails to deposit the amount of Rs.15,000/- within four (4) weeks from today, the order of stay shall stand vacated forthwith without further reference to the Court.
(AMIT BORKAR, J.)
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