Bhargav D. Chouhan vs Ramesh Anandrao Gaikwad And Anr
2022 Latest Caselaw 9164 Bom

                                                                   40-WP-3342-2022.doc




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION
                 CRIMINAL WRIT PETITION NO. 3342 OF 2022
                                 WITH
                 CRIMINAL WRIT PETITION NO. 3343 OF 2022
                                 WITH
                 CRIMINAL WRIT PETITION NO. 3344 OF 2022

Bhargav D. Chouhan                                             ...Petitioner
     Versus
Ramesh Anandrao Gaikwad And Anr.                               ...Respondents
                             ....
Mr. Prablin Singh Abrol, Advocate for the Petitioner in all Petitions.
Mr. M. G. Patil, APP in WP No.3342 of 2022.
Mr. S. R. Agarkar, APP in WP No.3343 of 2022.
Mr. A. R. Patil, APP in WP No.3344 of 2022.

                                 CORAM       :    PRAKASH D. NAIK, J.

                                 DATE        :    13th SEPTEMBER, 2022.

PER COURT:

1. In all these Petitions, the Petitioner is aggrieved by the order

passed by the Appellate Court directing him to deposit 100% amount of

the compensation, in accordance with Section 148 of the Negotiable

Instrument Act.

2. The Applicant is convicted for an offence under Section 138 of

the N.I. Act and sentenced to deposit the amount of 45,000/- each in

SCC No.896 of 2009 & 753 of 2009 and Rs.12,00,000/- in SCC No.835

of 2009.

3. The judgment of conviction has been challenged before the

Sessions Court by preferring Appeal Nos. 58 of 2022, 59 of 2022 & 60

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40-WP-3342-2022.doc

of 2022.

4. It is submitted that the cheque amount in all this cases

Rs.25,000/-, 25,000/- & 8,00,000/-. The learned Sessions Judge has

mechanically directed the Petitioner to deposit 100% amount of

compensation. The Petitioner is willing to deposit 20% of the amount of

compensation.

5. Issue notice to Respondent No.1 in all the Petitions, returnable on

10th October, 2022.

6. The order dated passed by the Sessions Court, Kalyan directing

petitioner to deposit the amount in accordance with section 148 of

Negotiable Instruments Act is stayed till the next date.

                                                (PRAKASH D. NAIK, J.)




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