Onkar Ramchandra Athawale Prop. ... vs Awade Industries Private Limited ...
2022 Latest Caselaw 331 Bom

          Digitally
          signed by
          RUPALI
                                                                                  17A.IA 90-2022.doc
RUPALI    RAJESH
RAJESH    WAKODIKAR
WAKODIKAR Date:
          2022.01.11
          16:51:51
          +0530

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     CRIMINAL APPELLATE JURISDICTION
                                      INTERIM APPLICATION NO. 90 OF 2022
                                                             IN
                                CRIMINAL REVISION APPLICATION NO. 44 OF 2022


                       Onkar Ramchandra Athawale
                       Prop.of M/s Bhima Colour Cartoons                  ...Applicant
                           Versus
                       Awade Industries Private Limited and Anr.          ...Respondents

                       Mr. Satyavrat Joshi i/b Nitesh Mohite for the Applicant.

                       Mr. S.S. Pednekar, A.P.P for the Respondent-State.

                                                 CORAM : REVATI MOHITE DERE, J.
                                                 DATE : 10th JANUARY, 2022
                                                 (Through Video Conferencing)

                       P.C. :


                       1.           By this application, the applicant seeks suspension of his

                       sentence and enlargement on bail, pending the hearing and final disposal of

                       the aforesaid revision application.


                       2.           The applicant vide judgment and order dated 16th January, 2020

                       passed by the learned Judicial Magistrate, First Class, Ichalkaranji, District

                       Kolhapur in Summary Criminal Case No. 242 of 2014 has been convicted

                       for the offence punishable under Section 138 of the Negotiable Instruments

Wakodikar                                                                                         1/3
                                                                       17A.IA 90-2022.doc


            Act and has been sentenced to suffer simple imprisonment for six months

            and to pay compensation of Rs.5,21,246/- to the respondent No.1 (original

            complainant) and in default, to further undergo simple imprisonment for

            one month. The said judgment and order of conviction and sentence was

            partly confirmed by the Additional Sessions Judge, Ichalkaranji, District

            Kolhapur vide judgment and order dated 30th November, 2021 in Criminal

            Appeal No. 2 of 2020.



            3.          The learned Additional Sessions Judge confirmed the

            conviction under Section 138 of the Negotiable Instruments Act and

            sentence awarded by the Trial Court, however, set aside the direction to pay

            compensation to the complainant i.e. respondent No.2.



            4.          Issue notice to the respondents returnable on 21st February,

            2022. Learned APP waives notice on behalf of the Respondent No.2/State.

            In addition to Court notice, learned Counsel for the applicant to serve the

            respondent No.1 by Advocate's notice and file affidavit of service before

            the next date.



            5.          In the meantime, the applicant's sentence is suspended and he

            is granted interim bail on the following terms and conditions;

Wakodikar                                                                            2/3
                                                                   17A.IA 90-2022.doc




                                       ORDER

(i) The applicant be released on cash bail in the sum of

Rs.10,000/-, for a period of three weeks;

(ii) The applicant shall within the said period of three weeks,

furnish P.R. Bond in the sum of Rs.10,000/- with one or two

sureties in the like amount.

6. Stand over to 21st February, 2022 at 2.30 p.m.

REVATI MOHITE DERE, J.

Wakodikar                                                                        3/3