Bombay High Court
Amardeo S/O Ghiravu Yadav vs Hoshiyarsingh S/O Rambirsingh ... on 22 March, 2022
Bench: Avinash G. Gharote
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1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
CRIMINAL REVISION APPLICATION NO. 66 OF 2022
Amardao Ghiravu Yadav..Versus...Hoshiyarsingh Rambirsingh and anr
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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Mr. P.V.Navlani, Advocate for the applicant
Ms. Mayuri Deshmukh, APP for respondent/State
CORAM : AVINASH G. GHAROTE, J.
DATE : 22/03/2022
Heard Mr. Navlani, learned counsel for the
applicant, who has been convicted by the learned JMFC by
the judgment dated 19.7.2019 for the offence under Section
138 of the N.I. Act, and sentenced to suffer SI for 6 months.
The compensation has also been awarded to the tune of
Rs. 6,50,000/-. In appeal, an amount of Rs. 1,30,000/- has
been deposited by the applicant vide Criminal CD No. 191
dated 3.9.2019 before the learned Sessions Court, who by the
judgment dated 31.01.2022 has dismissed the appeal and
maintained the judgment of the learned JMFC.
2] Mr. Navlani, learned counsel for the applicant in
order to show his bonafides has tendered across the bar a
pursis dated 22.3.2022 enclosing Demand Draft drawn on
Union Bank of India, Service Branch Wardhaman Nagar,
Nagpur, in the sum of Rs. 3,00,000/- dt 21.3.2022 drawn in
41crrevn66.22.odt
favour of the Registrar, High Court of Bombay, Bench at
Nagpur, which is taken on record. Learned counsel for the
applicant further contends that in the appellate Court the
counsel for the applicant remained absent (para 5, page 42
and para 12, page 45) and the judgment dated 31.1.2022
was rendered without hearing the applicant, which is a
circumstance, which is contrary to clause 5 of the Standard
Operating Procedure w.e.f. 29.1.2022, which states that
judicial officers may not pass any adverse order owing to the
absence of advocates, parties, witnesses or accused persons.
He therefore submits that the impugned judgment would lack
legality on this ground, considering which issue notice for
final disposal at the admission stage to the respondent No.1,
returnable on 4.4.2022.
3] Learned APP waives service of notice for
Respondent No.2.
Criminal Application (APPR) No. 75/22
4] Criminal Application (APPR) No. 75/22 seeks
suspension of sentence and relrase of the applicant on bail.
5] Considering the reasons given for issuance of
notice and the bonafides shown by deposit of Demand Draft
of Rs. 3,00,000/-, which the Registrar is directed to accept
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and encash, the sentence of imprisonment passed by the
learned JMFC by its judgment dated 19.7.2019 and
confirmed by the learned Sessions Court by the judgment
dated 31.2.2022 is hereby suspended and the applicant be
released on bail on executing PR bond in the sum of
Rs. 50,000/- with one solvent surety of the like amount.
6] Cri. Application (APPR) No. 75/2022 is
accordingly allowed and disposed of.
JUDGE
Rvjalit
Digitally sign byRAJESH
VASANTRAO JALIT
Location:
Signing Date:22.03.2022 20:19
