Bombay High Court
Laxman Deorao Belsare vs Prakash Tulshiram Shedmake on 14 January, 2022
Bench: Avinash G. Gharote
1 36.APPR. 1-22 IN REVN.7-22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL APPLICATION (APPR) NO. 1 OF 2022
IN
CRIMINAL REVISION APPLICATION (REVN) NO. 7 OF 2022
( Laxman Deorao Belsare
Vs.
Prakash Tulshiram Shedmake )
Office Notes, Office Memoranda Court's or Judge's orders
of Coram, Appearances, Court's
orders or directions and
Registrar's orders
Mr. M.N. Ali, Advocate for the Applicant.
CORAM: AVINASH G. GHAROTE, J.
DATED : 14th JANUARY, 2022.
Heard Mr. Ali, learned counsel for the
applicant.
2. He makes a statement that the applicant has
surrendered before the learned Judicial Magistrate First
Class, Armori on 13.01.2022. The statement is accepted.
3. The revision challenges the concurrent
findings by the Courts below, holding the applicant guilty
of the offence under Section 138 of the Negotiable
Instruments Act, for having permitted the dishonour of
cheque for the sum of Rs. 23,50,000/- (Rs. Twenty Three
Lakhs Fifty Thousand Only) issued for a legal debt and
liability of the applicant. The learned trial Court has
2 36.APPR. 1-22 IN REVN.7-22.odt
imposed a sentence of six months and a compensation of
Rs 23,87,469/- (Rs. Twenty Three Lakhs Eighty Seven
Thousand Four Hundred Sixty Nine Only), considering
that an amount of Rs. 6,00,000/- (Rs. Six Lakhs) stood
paid to the complainant before the learned Judicial
Magistrate First Class, during the course of the trial on
13.11.2014. It is submitted, that thereafter a further sum
of Rs. 2,00,000/- (Rs. Two Lakhs Only) has been paid
on 29.10.2018 and further sum of Rs 2,80,000/- (Rs.
Two Lakhs Eighty Thousand Only) on 27.11.2018, after
the judgment of the learned trial Court on 09.08.2018. It
is therefore submitted, that what is balance is an amount
of Rs. 19,07,469/- (Rs. Nineteen Lakhs Seven Thousand
Four Hundred Sixty Nine Only) and the applicant, is
willing to deposit an amount of Rs. 5,00,000/- (Rs. Five
Lakhs Only), and the applicant has a good case on merit,
considering which, it is submitted that the sentence be
suspended and the applicant be granted bail. Considering
that part amount already stands paid to the complainant
during the course of the trial and a sum of Rs. 4,80,000/-
(Rs. Four Lakhs Eighty Thousand Only) has been
deposited before the appellate Court and further
willingness to deposit Rs. 5,00,000/- (Rs. Five Lakhs
Only), the following order is passed.
ORDER
(i) Criminal Application (APPR) No. 1 of 2022 in
Criminal Revision No. 7/2022 is allowed.
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(ii) The substantive jail sentence imposed against the
Applicant by the learned Judicial Magistrate First
Class, Armori, District Gadchiroli on 09.08.2018
in Summary Criminal Case No. 308/2016 and
upheld by the learned Sessions Judge, Gadchiroli
on 01.01.2022 in Criminal Appeal No.36/2018
shall remain suspended during the pendency of
the present Criminal Revision, subject to the
condition, of the applicant depositing an amount
of Rs. 5,00,000/- (Rs. Five Lakhs Only) before the
trial Court within a period of two weeks from
today.
(iii) The Applicant shall be released on bail on
executing a P.R. Bond in sum of Rs.50,000/-
(Rs. Fifty Thousand Only) and one solvent surety
in the like amount.
JUDGE
SD. Bhimte
Signed By:SHRIKANT
DAMODHAR BHIMTE
Signing Date:14.01.2022 19:25
