Madhav Gajkumar Upadhye vs Neminath Dada Sidnale And Anr
2022 Latest Caselaw 4936 Bom

                                                                                 9-ia-1487-2022.doc




                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION

                                 INTERIM APPLICATION NO.1487 OF 2022
                                                 IN
                             CRIMINAL REVISION APPLICATION NO.189 OF 2022

                   Madhav Gajkumar Upadhye                                ...Applicant
                             vs.
VISHAL
SUBHASH            Neminath Dada Sidnale and Others                       ...Respondents
PAREKAR
Digitally signed
                   Mr. S.S. Diwan i/b. Mr. Paras Yadav, for the Applicant
by VISHAL
SUBHASH            Mr. R.M. Pethe, APP for the State
PAREKAR
Date: 2022.05.09
15:52:37 +0530
                                            CORAM :     N. J. JAMADAR, J.
                                            DATE :      MAY 09, 2022
                                                        (VACATION COURT)

                   P.C.:

                           IA.No. 1487 of 2022 :-

                   1.      Heard the learned counsel for the applicant.

                   2.      The challenge in this revision application is to an order passed

                   by the learned Additional Sessions Judge, Kolhapur in Criminal

                   Appeal No. 132 of 2018 whereby the learned Additional Sessions

                   Judge dismissed in default the appeal preferred by the applicant

                   against the judgment and order dated 4 th July, 2018 in Summary

                   Criminal Case No. 3121 of 2015, whereunder the learned Judicial

                   Magistrate First Class, Kolhapur had convicted the applicant for the

                   offence punishable under section 138 of Negotiable Instrument Act,

                   1881 and sentenced him to pay a fine of Rs. 3,25,000/- with default

                   stipulation.

                   Vishal Parekar                                                              ...1
                                                               9-ia-1487-2022.doc




3.      Since the learned Additional Sessions Judge has dismissed

the appeal otherwise than on merits, it is necessary to suspend the

execution of the sentence passed by the learned Judicial Magistrate

in the intervening period. Hence, the following order.



                                    ORDER

1] Issue notice to the respondents returnable on 20th June, 2022

2] In addition to notice through Court, the applicant is at liberty

to serve the respondent No. 1 by private service and file affidavit of

service.

3] The sentence imposed by the learned Magistrate in Summary

Criminal Case No. 3121 of 2015 by judgment and order dated 4 th

July, 2018 stands suspended subject to deposit of a sum of Rs.

75,000/- before the court of learned Magistrate within a period of

four weeks.

4] In the meanwhile, the applicant be released on bail on

furnishing a P.R. Bond in the sum of Rs. 15,000/- and one or two

sureties in the like amount to the satisfaction of the learned

Magistrate.

Revision Application No.189 of 2022 :-

4. Heard.

Vishal Parekar                                                              ...2
                                                                9-ia-1487-2022.doc

5. Issue notice to the respondents.

6. Learned APP waives notice for respondent No. 2.

7. In addition to Court notice, the applicant is at liberty to serve

respondent No. 1 by private service and file affidavit of service.

8. List on 20th June, 2022.

                                           (N. J. JAMADAR, J.)




Vishal Parekar                                                               ...3