Prakash Kisan Dharkar vs The State Of Maharashtra And ...
2022 Latest Caselaw 6571 Bom

                                                               crirev205.22, etc.
                                     (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

           951 CRIMINAL REVISION APPLICATION NO.205 OF 2022
                 WITH APPLN/2234/2022 IN REVN/205/2022

                         PRAKASH KISAN DHARKAR
                                VERSUS
                 THE STATE OF MAHARASHTRA AND ANOTHER

 Mr Y.H. Lagad, Advocate holding for Mr. R.R. Karpe, Advocate for
 applicant;
 Mr A.A. Jagatkar, A.P.P. for respondent no.1

                                   CORAM : S. G. MEHARE, J.

DATE : 12th July, 2022

P.C.

1. Heard the learned Counsel for the applicant.

2. The applicant has been convicted for the offence punishable

under Section 138 of the Negotiable Instruments Act and imposed a

compensation of Rs.3,25,000/-. The judgment of conviction passed

by the Trial Court has been confirmed by the first appellate court.

Learned Counsel for the applicant would submit that the payment

made to the respondent complainant, time to time, has not been

deducted by the complainant and it has also not been considered by

both the Courts below. The applicant has a good case on merit;

therefore, sentence may be suspended. He has fairly conceded that

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not a single pie has been deposited by him in the appellate court after

awarding the compensation of Rs.3,25,000/-.

3. It appears that Section 148 of the Negotiable Instruments Act

has not been considered by the appellate court. It has been provided

therein that the appellate court may order the appellant to deposit

such sum which shall be a minimum of twenty per cent of the total

compensation amount. Now the applicant has preferred the revision

and seeking the suspension of the sentence. Therefore, he should be

directed to deposit minimum 20% of the total compensation amount.

Besides the above, the applicant has a good case on merit. Hence, the

following order:-

i) The substantive sentence imposed against the applicant shall

stand suspended.

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

Rs.15,000/- with one solvent surety of the like amount.

iii) The applicant shall deposit 20% of Rs.3,25,000/-, within four

weeks from today, in this Court.

iv) Issue notice to the respondents, returnable on 2.8.2022.

v) Learned A.P.P. waives service of notice on behalf of respondent

no.1.

(S. G. MEHARE, J.)

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