Annasaheb Chokhaji Nikalje vs Buldhana Urban Co-Op. Credit ...
2022 Latest Caselaw 10672 Bom

                                                               968-revn-294-2022.odt
                                       (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

            CRIMINAL REVISION APPLICATION NO.294 OF 2022
               WITH APPLN/3295/2022 IN REVN/294/2022

                  ANNASAHEB CHOKHAJI NIKALJE
                               VERSUS
      BULDHANA URBAN CO-OP. CREDIT SOCIETY LTD., BULDHANA
        (MULTISTATE) THR-SATISH S. BHALERAO AND ANOTHER
                                  ...
             Advocate for Applicant : Mr. Jadhav Kailas B.
            APP for Respondent/State : Ms. V.S. Choudhari
                                  ...
                                      CORAM : S.G. MEHARE, J.

DATED : 13th OCTOBER, 2022

PER COURT:-

1. The applicant has been convicted for the offence

punishable under Section 138 of the Negotiable Instruments Act by

the trial Court by its order dated 30.01.2018 and sentence to suffer

S.I. for two months and to pay compensation of Rs.2 lacs to the

complainant. The applicant preferred the appeal against the

judgment of conviction before the learned Sessions Judge at Jalna.

The learned Sessions Judge also dismissed the appeal and maintained

the judgment and orders passed by the learned JMFC. However, the

applicant did not surrender before the Sessions Court as per the

directions of the appellate Court. Hence, it would be inappropriate to

pass an exparte order suspending the sentence without hearing the

complainant.

968-revn-294-2022.odt

2. Hence, issue notice to the complainant in Criminal

Revision Application No.294 as well as in Criminal Application

No.3295 of 2022, returnable on 28.11.2022.

3. Call record and proceedings.

(S.G. MEHARE, J.)

Mujaheed//