Maruti Uttam Rajguru vs The State Of Maharashtra And ...
2022 Latest Caselaw 6573 Bom

                                                              crirev168.22, etc.
                                   (1)

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

           948 CRIMINAL REVISION APPLICATION NO.168 OF 2022
                 WITH APPLN/2216/2022 IN REVN/168/2022

                         MARUTI UTTAM RAJGURU
                                VERSUS
                 THE STATE OF MAHARASHTRA AND ANOTHER

 Mr S.G. Chapalgaonkar, Advocate for applicant;
 Mrs. V.S. Choudhari, A.P.P. for respondent respondent no.1

                                 CORAM : S. G. MEHARE, J.

DATE : 12th July, 2022

P.C.

1. Heard the learned Counsel for the applicant. The learned

Counsel would submit that the applicant has been convicted by the

learned Trial Court for the offence punishable under Section 138 of

the Negotiable Instruments Act and sentenced to suffer S.I. for three

months and to pay the compensation of Rs.2,05,000/-. The learned

Sessions Court has also confirmed the judgment of conviction passed

by the Trial Court. However, the applicant has deposited 20% of the

amount of compensation with the learned Sessions Court. That

amount is still lying with the Sessions Court.

2. The learned Counsel for the applicant also argued that the

applicant has a good case on merit. The defence of the applicant has

crirev168.22, etc.

not been properly considered by both the Courts below. There are

arguable points in the revision.

3. It appears that the amount of Rs.41,000/- has already been

deposited by the applicant with the learned Sessions Court. The

applicant appears to have an arguable case; hence, entitled for the

relief of suspension of substantive sentence. 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) Bail before learned Sessions Court.

iv) Issue notice to the respondents, returnable on 3.8.2022.

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

no.1.

 vi)      Call R & P..



                                           (S. G. MEHARE, J.)

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