Pankaj S/O. Radheshyam Joshi vs Jiwesh S/O Rajesh Rai
2022 Latest Caselaw 6897 Bom

                                                        1                              19.REVN.148-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

       CRIMINAL REVISION APPLICATION (REVN) NO. 148 OF 2022
                                  ( Pankaj S/o Radheshyam Joshi
                                                Vs.
                                      Jiwesh S/o Rajesh Rai, )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. H.R. Gadhia, Advocate h/f Mr. R.I. Thanvi, Advocate for the
                                  Applicant.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 19th JULY, 2022.

Heard Mr. Gadhia, learned counsel holding for Mr. R.I. Thanvi, learned counsel for the applicant.

2. The applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act by the learned Special Court, Nagpur, vide judgment dated 10.07.2018 and sentenced to suffer Simple Imprisonment for one month with compensation of Rs. 1,50,000/-. The appeal against the said judgment has been dismissed on 08.03.2022.

3. Mr. Gadhia, learned counsel appearing for the applicant submits, that during the pendency of the appeal, an amount of Rs. 20,000/- was deposited before the learned Sessions Court and the applicant is willing to deposit the balance compensation amount of Rs. 1,30,000/- in this Court. He submits, that the appeal 2 19.REVN.148-2022.odt

spells out a reasonable ground inasmuch as though the cheque was given as a security, this factor has been over ruled by the Courts' below, considering which, issue notice to the non-applicant for final disposal of the matter at the stage of admission itself, returnable on 04.08.2022.

4. Mr. Gadhia, learned counsel appearing for the applicant, undertakes to file the paper-book of the learned Sessions Court alongwith all exhibited documents and so also to serve the non-applicant by the returnable date by all modes permissible in law, including E-mail and Whats App.

5. Hamdast is granted.

CRIMINAL APPLICATION (APPR) NO. 181/2022

The application seeks suspension of sentence and release the applicant on bail. Subject to deposit of the balance compensation amount of Rs. 1,30,000/- in this Court as a condition precedent, till the returnable date, the sentence imposed by the learned Magistrate, shall stand suspended and the applicant be released on bail on his furnishing a P.R. Bond in the sum of Rs.15,000/- with one surety in the like amount.

JUDGE Signed By:SHRIKANT DAMODHAR BHIMTE

SD. Bhimte Signing Date:19.07.2022 18:27