Bombay High Court
Rahul Deepak Patlare vs Vishal Subhash Kadam And Anr on 3 February, 2022
Bench: R.P. Mohite-Dere
14a. IA 2915-2021.doc
Digitally
signed by
RUPALI
RUPALI
RAJESH
WAKODIKAR
RAJESH
WAKODIKAR
Date:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
2022.02.03
17:09:34
+0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 2915 OF 2021
IN
CRIMINAL REVISION APPLICATION NO. 239 OF 2021
Rahul Deepak Patlare ...Applicant
Versus
Vishal Subhash Kadam and Anr. ...Respondents
Mr. Sanjeev B. Deore a/w Ms. Suchita Pawar i/b Mr. Adityaraj Gaikwad for
the Applicant.
Mr. S.S.Pednekar, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 3rd FEBRUARY, 2022
(Through Video Conferencing)
P.C. :
1. Heard learned Counsel for the parties.
2. By this application, the applicant seeks suspension of his
sentence and enlargement on bail.
3. Learned Counsel for the applicant submits that the applicant
vide Judgment and Order dated 7th February, 2019, passed by the learned
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14a. IA 2915-2021.doc
Judicial Magistrate, First Class, Nashik in S.C.C. No. 1992 of 2011 has
been convicted for the offence punishable under Section 138 of the
Negotiable Instruments Act and has been sentenced to suffer simple
imprisonment for six months and to pay fine of Rs. 20,00,000/-, in default
to suffer further simple imprisonment for two months. Being aggrieved by
the said Judgment and Order of conviction and sentence, the applicant
preferred an appeal before the Sessions Court at Nashik. The learned
Sessions Judge, Nashik vide Judgment and Order dated 7 th September,
2021, dismissed the applicant's appeal and as such confirmed the
conviction and sentence awarded to the applicant by the trial Court.
4. Learned Counsel for the applicant states that the cheque
amount is Rs.10,00,000/-, whereas, the compensation awarded by the trial
Court and confirmed by the Appellate Court is Rs.20,00,000/-.
5. Learned Counsel for the applicant has tendered an affidavit-
cum-undertaking of the applicant dated 2nd February, 2022 as the earlier
affidavit was not in a proper format. By the said fresh affidavit-cum-
undertaking, the applicant has undertaken to deposit an amount of
Rs.10,00,000/- within three months from today. Out of the said amount of
Rs.10,00,000/-, the applicant has undertaken to deposit the first installment
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14a. IA 2915-2021.doc
of Rs.4,00,000/- within two weeks from today and the balance amount of
Rs.6,00,000/- within 10 weeks thereafter.
6. Considering the aforesaid, the applicant's sentence is
suspended and he is granted interim bail, until further orders, on the
following terms and conditions :
ORDER
1. The applicant be enlarged on bail on furnishing
P.R. Bond in the sum of Rs.10,000/- with surety in the like
amount;
2. The applicant shall deposit Rs.4,00,000/- in the
Registry of this Court within two weeks from today and the
balance amount of Rs.6,00,000/- within 10 weeks thereafter, in
the Registry of this Court.
3. If there is failure in depositing the aforesaid
amounts, the interim bail granted, shall come to an end.
7. In the meanwhile, issue notice to the respondents returnable on
15th March, 2022. Learned APP waives notice on behalf of the Respondent
No.1/State. In addition to Court notice, learned Counsel for the applicant
to serve the respondent No.2 by private notice and file affidavit of service
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14a. IA 2915-2021.doc
before the next date.
8. Learned Counsel for the applicant to supply spare copy in the
Registry within one week from today, so as to enable the Registry to issue
notice to the Respondent No.2.
REVATI MOHITE DERE, J.
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