Bombay High Court
Sunil S/O Hiralal Chainani vs Leena W/O Yogesh Balwani on 8 September, 2022
Bench: G. A. Sanap
1 46 revn218.22.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
: NAGPUR BENCH : NAGPUR.
CRIMINAL REVISION APPLICATION NO. 218 OF 2022
SUNIL S/o HIRALAL CHAINANI
VERSUS
LEENA W/o YOGESH BALWANI
-------------------------------------------------------------------------------------------------------
Office Notes, Office Memoranda of Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
-------------------------------------------------------------------------------------------------------
Mr. Mahesh Rai, Advocate for the applicant.
CORAM : G. A. SANAP, J.
DATE : SEPTEMBER 08, 2022.
1. Heard Mr. Mahesh Rai, learned advocate for the
applicant.
2. Issue notice to the non-applicant, returnable within
four weeks.
Criminal Application (APPR) No. 300 of 2022
1. Heard Mr. Mahesh Rai, learned advocate for the
applicant.
2. This is an application for suspension of substantive
sentence and for grant of bail.
3. Issue notice to the non-applicant, returnable within
four weeks.
4. The revision application has been filed against the
judgment and order dated 06.09.2022, passed by the
learned Additional Sessions Judge, Wardha in Criminal
Appeal No. 21/2015, whereby the learned Judge dismissed
the appeal filed by the applicant and confirmed the order of
2 46 revn218.22.odt
conviction and sentence passed by the learned Judicial
Magistrate, First Class, Court No.1, Wardha in Summary
Criminal Case No. 4926/2012, dated 15.01.2015.
5. The applicant is convicted for the offence punishable
under Section 138 of the Negotiable Instruments Act, 1881
and sentenced to suffer rigorous imprisonment for three
months and to pay compensation of Rs.3,00,000/- to the
complainant and in default of payment of compensation, to
further undergo simple imprisonment for three months.
6. Learned advocate for the applicant submitted that on
the date of decision of the appeal, the applicant has been
taken in custody. It is submitted that the applicant has good
case on merits. The learned advocate, by inviting my
attention to the copies of the receipts placed on record along
with this application, submitted that the applicant has
deposited Rs. 75,000/- i.e. 25% of the amount of
compensation, in the Sessions Court. The learned advocate
submitted that pending hearing and disposal of this
application, the order of sentence may be suspended.
7. I have perused the record and proceeding. In my
view, considering the grounds of challenge raised in the
revision application to the impugned judgment and orders,
it would be just and proper, in the meantime, to suspend
the order of sentence, subject to certain conditions.
8. In that view of the matter, the substantive sentence
imposed by the learned Judicial Magistrate First Class,
3 46 revn218.22.odt
Court No.1, Wardha vide judgment and order dated
15.01.2015 and confirmed by the learned Additional
Sessions Judge, Wardha vide judgment and order dated
06.09.2022, as mentioned above, shall remain suspended
till the next date, subject to the applicant depositing
Rs.50,000/- within a period of one month from the date of
his release on bail.
9. Applicant - Sunil S/o Hiralal Chainani be released on
bail on his furnishing PR bond in the sum of Rs.15,000/-
with one surety of the like amount before the Court of
learned Judicial Magistrate, First Class, Wardha.
10. This interim order shall continue till the next date of
hearing only.
An authenticated copy of this order be furnished to
the applicant to act upon.
JUDGE
Diwale
