Bombay High Court
Sanjay Shripad Shetke vs Tejal Roopam Thakkar And Anr on 28 March, 2022
Bench: R.P. Mohite-Dere
Digitally signed by NISHA
NISHA SANDEEP SANDEEP CHITNIS
CHITNIS Date: 2022.03.28 18:17:16
+0530
24-ia.1027.2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.1027 OF 2022
(For Suspension of Sentence)
IN
CRIMINAL REVISION APPLICATION NO.140 OF 2022
Sanjay Shripad Shetke ...Applicant
Versus
Tejal Roopam Thakkar and Anr. ...Respondents
Mr. Vikrant B. Shinde, for the Applicant.
None for the Respondent No.1.
Mr. A. R. Patil, A.P.P for the Respondent No.2- State.
CORAM : REVATI MOHITE DERE, J.
DATE : 28th MARCH 2022
P.C. :
1. By this application, the applicant seeks suspension of his
sentence and enlargement on bail.
2. The applicant vide Judgment and Order dated 26 th February
2014, passed by learned Judicial Magistrate First Class, Kolhapur, in
Summary Criminal Case No.2554 of 2012, has been convicted for the
alleged offence punishable under Section 138 of the Negotiable
Instruments Act and has been sentenced to suffer simple imprisonment
for one month. The applicant has also been directed to pay compensation
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of Rs.60,000/- plus Rs.10,000/- towards costs to the complainant within
one month from the date of order, in default of payment of compensation,
to suffer further simple imprisonment for one month. The said Judgment
and Order of conviction and sentence was confirmed by the learned
Additional Sessions Judge, Kolhapur in Criminal Appeal No.56 of 2014,
vide Judgment and Order dated 8th March 2021.
3. Learned Counsel for the applicant states that the applicant has
already deposited Rs.10,000/- i.e. costs awarded to the respondent No.1
(complainant) in the trial Court and that the applicant will deposit
Rs.60,000/- i.e. the compensation amount, in the registry of the trial Court,
within two weeks from today. Statement accepted.
4. Issue notice to the respondents, returnable on 18th April 2022.
Learned APP waives notice on behalf of the respondent No.2 -State. In
addition to Court notice, applicant, to serve the respondent No.1, by
Advocate's notice and file affidavit of service before the next date.
5. Learned Counsel for the applicant to supply a spare copy in
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the Registry within one week from today, so as to enable the Registry to
issue notice to the respondent No.1.
6. In view of the aforesaid statement made by the learned counsel
for the applicant, on instructions of the applicant that the applicant will
deposit Rs.60,000/- i.e. the compensation amount, in the registry of the trial
Court, within two weeks from today, the applicant's sentence is suspended
and he is granted interim bail, till the next date, on the following terms and
conditions:
ORDER
i) The Applicant be enlarged on bail on furnishing P.R. Bond in
the sum of Rs.10,000/- with one or two sureties in the like amount.
7. Stand over to 18th April 2022, for compliance of the aforesaid
order.
8. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
N. S. Chitnis 3/3
