Vajid Lalbeg Mirza vs Iliyas Altaf Deshmukh And Anr
2022 Latest Caselaw 1660 Bom

                                                                                                 11. Revn-70-2022.doc




                                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                        CRIMINAL REVISION APPLICATION NO. 70 OF 2022

                              Vajid Lalbeg Mirza                                      ...Applicant
                                    Versus
                              Iliyas Altaf Deshmukh And Anr.                          ...Respondents
                                                                       ....
                              Ms. Kanchan C. Phatak h/f. Mr. Nitin P. Deshpande, Advocate
                              for the Applicant.
                              Mr. Ajay Patil, APP for the Respondent - State.

                                                      CORAM        :        PRAKASH D. NAIK, J.
                                                      DATE         :        17th FEBRUARY, 2022.

                              PER COURT:

                              1.                 The applicant has challenged the judgment and

                              order dated 12th January, 2022 passed by the learned

                              Additional Sessions Judge Pune dismissing Appeal No.405 of

                              2017 and confirming the judgment and order dated 24 th July,

                              2017           passed   by   the   Judicial       Magistrate     First      Class,

                              Cantonment Court, Pune convicting the applicant for offence

                              under Section 138 of Negotiable Instrument Act, 1881.

                              2.                 While convicting the applicant, the trial Court had

                              directed him to pay compensation of Rs.2,00,000/- to the

                              complainant.

                              3.                 Learned     Advocate           for    the   applicant          on

                              instructions submitted that the applicant had so far deposited

           Digitally signed
           by SAJAKALI
SAJAKALI   LIYAKAT
LIYAKAT
           JAMADAR
           Date:
                              Sajakali Jamadar                         1 of 3
JAMADAR    2022.02.18
           10:58:00
           +0530
                                                               11. Revn-70-2022.doc




an amount of Rs.70,000/- on 1st September, 2017.                             On

instructions it is further submitted that the applicant would

deposit an amount of Rs.1,30,000/- before this Court within

one week towards the compensation amount as directed by

the trial Court.

4.                 In view of the aforesaid submission, following

order is passed :-

                                     ORDER

i. Issue notice to respondent No.1, returnable on

14th March, 2022.

ii. The applicant shall deposit an amount of

Rs.1,30,000/- before this Court within one week from the

date of uploading of this order.

iii. The sentence of imprisonment imposed vide

Judgment and order dated 24th July, 2017 passed by

learned J.M.F.C. Cantonment Court, Pune and confirming

by judgment and order dated 12 th January, 2022 passed

by learned Additional Sessions Judge, Pune is suspended

and the applicant is directed to be released on bail on

executing P.R. Bond in the sum of Rs.20,000/- with one

or more sureties in the like amount;

Sajakali Jamadar                      2 of 3
                                                         11. Revn-70-2022.doc




          iv.      This interim protection has been granted till the

          next date of hearing.



                                         (PRAKASH D. NAIK, J.)




Sajakali Jamadar                    3 of 3