Bombay High Court
Raju Sitaram Landge vs M/S Sheeba Finance And Kuries Ltd ... on 6 May, 2022
Bench: N. J. Jamadar
28-revn-187-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.187 OF 2022
Raju Sitaram Landge ...Applicant
vs.
M/s. Sheeba Finance and Kuries Ltd. And Anr. ...Respondents
Mr. Ketan Joshi a/w. Mr. Vishwajeet Mohite, for the Applicant.
Mr. H.J. Dedhia, APP for Respondent No.2- State.
VISHAL
SUBHASH CORAM : N. J. JAMADAR, J.
PAREKAR DATE : MAY 06, 2022
Digitally signed
by VISHAL P.C.:
SUBHASH
PAREKAR
Date: 2022.05.06 1. Heard the learned counsel for the applicant.
17:23:27 +0530
2. At the outset, the learned counsel for the applicant seeks
leave to amend the application so as to place a typed copy of the
judgment and order passed by the learned Magistrate in SCC No.
1008 of 2009.
3. Leave to amend.
4. Necessary amendment be carried out within a period of two
weeks.
5. This revision application is preferred by the
applicant/accused being aggrieved and dissatisfied with the
judgment and order dated 12th April, 2022 in Criminal Appeal No.
13 of 2014 passed by the learned Additional Sessions Judge, Pune
dismissing the appeal preferred by the applicant against the
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28-revn-187-2022.doc
judgment and order dated 29th November, 2013 in SCC No. 1008 of
2009 passed by the learned JMFC, Khadki, Pune whereby the
applicant came to be convicted for the offence punishable under
section 138 of the Negotiable Instruments Act and sentenced to
suffer simple imprisonment for six months and also pay
compensation of Rs. 9,10,000/- to the complainant and in default
suffer further simple imprisonment for three months.
6. The learned counsel for the applicant submits that the
applicant has been taken in custody post dismissal of the appeal.
The applicant was on bail during the pendency of the trial and
appeal. The applicant has deposited a sum of Rs. 2 lakhs in the
Court of Sessions, during the pendency of the appeal. The learned
counsel further submits that the applicant is ready to deposit a
reasonable amount of compensation.
7. Issue notice to the respondents.
8. Learned APP waives notie for respondent No. 2.
9. In addition to Court notice, the applicant is permitted to serve
respondent No. 1 by private service and file affidavit of service.
10. Evidently, the applicant was on bail during the pendency of
trial and appeal. It is unlikely that the revision application can be
heard and finally decided in the immediate future. It would,
therefore, be expedient, by way of an ad-interim order, to suspend
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28-revn-187-2022.doc
the sentence subject to deposit of certain amount by the applicant
towards the compensation.
11. Hence, by way of ad-interim order, the sentence imposed by
the learned Magistrate in SCC No. 1008 of 2009 and confirmed by
the learned Additional Sessions Judge, Pune in Appeal No. 13 of
2014 stands suspended till further order subject to deposit of a sum
of Rs. 3,00,000/- (three lakhs) within a period of six weeks.
12. In the meanwhile, the applicant be released on bail on
furnishing a P.R. Bond in the sum of Rs. 15,000/- and a surety in the
like amount to the satisfaction of the learned Additional Sessions
Judge, Pune.
13. Matter be listed on 17th June, 2022.
14. It is hereby made clear that if the amount of compensation of
Rs. 3 lakhs is not deposited within the aforesaid period of six weeks,
the order of suspension of sentence would stand vacated without
further reference to the Court.
(N. J. JAMADAR, J.)
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