Sunil Shamlal Pardeshi vs State Of Maharashtra And Anr
2022 Latest Caselaw 10953 Bom

                                                                      10-REVN-394-2022.doc


 Ghuge
       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
            CRIMINAL APPELLATE JURISDICTION

      CRIMINAL REVISION APPLICATION NO. 394 OF 2022

 Sunil Shamlal Pardeshi                                 ...Applicant
       V/s.
 State of Maharashtra & Anr.                            ...Respondents

 Mr. Francis A. Caszo, for the applicant.
 Mr. Jahangir Khajotia a/w Prashant                             Kale      for
 Respondent No.2 in REVN No.394/2022.
 Ms. G.P. Mulekar, APP for the State.

                                          CORAM : AMIT BORKAR, J.

                                          DATED       : OCTOBER 18, 2022
 P.C.:

1. The applicant is accused in a complaint under Section 138 of the Negotiable Instruments Act, 1881. The learned Magistrate convicted the accused and sentence of simple imprisonment for 6 (Six) months and further directed compensation of Rs.12,00,000/-(Rupees Twelve Lakh only). The appeal against the Judgment has been dismissed.

2. During the pendency of the proceedings, the accused has deposited an amount of Rs.2,40,000/- (Rupees Two Lakh Forty Thousand only). As on today, the accused needs to pay an amount of Rs.9,60,000/- (Rupees Nine Lakh Sixty Thousand only).

3. The learned Advocate for the applicant, on instructions, makes a statement that till 30th November, 2022 the applicant shall deposit an amount of Rs. 4,80,000/- (Rupees Four

10-REVN-394-2022.doc

Lakh Eighty Thousand only) and shall deposit remaining amount of Rs. 4,80,000/- (Rupees Four Lakh Eighty Thousand only) on or before 31st January, 2023. The statements are accepted as undertakings to the Court.

4. Considering the undertakings by the applicant, the sentence imposed by the learned Magistrate and confirmed by the learned Sessions Judge is suspended.

5. The applicant shall be released on bail on furnishing cash security of Rs.25,000/- (Rupees Twenty Five Thousand only). The applicant shall thereafter within two weeks furnish PR bond of Rs.25,000/- (Rupees Twenty Five Thousand only) and one or two sureties in the like amount before the learned Magistrate.

6. In case the applicant fails to deposit the amount as directed by this Court, the order of suspension of sentence stands recalled forthwith without further reference to the Court.

7. In case the applicant deposits the amount, the complainant is at liberty to withdraw the said amount, subject to furnishing an undertaking stating that in case the decision in this Revision Application goes against the complainant, he shall reimburse the amount withdrawn along with interest at the prevailing market rate.

8. Stand Over to 6th February, 2022.

(AMIT BORKAR, J.)