Sunanda W/O. Sandip Mundada vs Sandip Jugalkishor Karwa
2022 Latest Caselaw 13449 Bom

                                                            935-CrAn-4395-22
                                    (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                  CRIMINAL APPLICATION NO.4395 OF 2022
                  IN REVISION APPLICATION NO.370 OF 2022

                        SUNANDA W/O. SANDIP MUNDADA
                                    VERSUS
                          SANDIP JUGALKISHOR KARWA

 Mr. Kedar S. Warad, Advocate for applicant

                                     CORAM : S. G. MEHARE, J.

                                      DATE    : 22nd December, 2022

 P.C.

1. The applicant has been convicted for the offence punishable

under Section 138 of the Negotiable Instruments Act and sentenced to

suffer S.I. for one month and a fine.

2. The learned counsel for the applicant would submit that the

applicant has a good case on merit. The evidence has not been

properly appreciated and presumptions have been erroneously held

against the applicant. After the dismissal of the appeal, the applicant

has been taken into custody for execution of the sentence. Hence, the

sentence of imprisonment may be suspended.

3. Perused the impugned judgments and orders. The applicant

appears to have the grounds for revision. Hence, it would be

appropriate to exercise the power under Section 389 of the Code of

Criminal Procedure. Thus, the following order :-

935-CrAn-4395-22

i) The sentence of imprisonment passed against the applicant

to suffer S.I. for one month by the learned Judicial

Magistrate First Class, Court No.22, Aurangabad, in

S.C.C.No.5507 of 2017, dated 26.04.2019 and confirmed by

the learned Additional Sessions Judge, Aurangabad, in

Criminal Appeal No.107 of 2019, by order dated

20.12.2022, is suspended till the appearance of the

respondent.

ii) The applicant be released on bail on executing P.B. and S.B.

of Rs.50,000/- with one solvent surety of like amount.

iii) Bail before the learned Additional Sessions Judge,

Aurangabad.

iv) Parties to act upon the authenticated copy of this order.

(S. G. MEHARE, J.)

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