Bombay High Court
Kantilal Bhanudas Chavan vs Kishor Bhaskarrao Darekar And Anr on 29 September, 2022
Bench: Prakash Deu Naik
45-IA-3190-2022.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3190 OF 2022
Kantilal Bhanudas Chavan ...Applicant
Versus
Kishor Bhaskarrao Darekar And Anr. ...Respondents
....
Mr. Vaibhav Kulkarni, Advocate for the Applicant.
Mr. M.G. Patil, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 29th SEPTEMBER, 2022.
PER COURT:
1. This is an application for suspension of sentence and grant of
bail during the pendency of Criminal Revision Application No.365
of 2022.
2. The applicant has been convicted for an offence under
Section 138 of Negotiable Instruments Act, vide Judgment and
order dated 23rd August, 2019 and sentenced to suffer simple
imprisonment for one year. He was directed to pay compensation
of Rs.5,00,000/- to the complainant and in default shall suffer
simple imprisonment for one month. The Judgment of trial Court
was challenged before the Court of Sessions by preferring appeal
which has been dismissed vide Judgment and order dated 7th
September, 2022 and the Judgment of trial Court is confirmed.
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45-IA-3190-2022.doc
3. Learned Advocate for the applicant submits that the
applicant has good case on merits. The complainant was filed
beyond limitation and there was no existence of legally enforceable
debt. During the pendency of appeal the applicant has deposited
amount of Rs.1,00,000/- before the appellate Court. The applicant
is taken in custody on 7th September, 2022. The applicant is in
financial constraints and not in a position to deposit the amount.
On instructions from brother of applicant who is present in the
Court, it is submitted that the applicant would deposit amount of
Rs.1,25,000/- in this Court within a period of four weeks from the
date of release.
4. Considering the factual aspect of the matter and the
submission advanced by the learned Advocate for the applicant,
interim relief can be granted to the applicant.
5. Hence, I pass the following order;
ORDER
i. The sentence imposed vide Judgment and order
dated 13th August, 2019 passed by 2nd Additional Chief
Judicial Magistrate, Niphad in Summary Criminal Case
No.682 of 2016 convicting the applicant for an offence
under Section 138 of Negotiable Instruments Act and
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sentencing him to suffer imprisonment a pay
compensation as well as Judgment and order dated 7 th
September, 2022 passed by Additional Sessions Judge,
Niphad in Criminal Appeal No.74 of 2019 (J) confirming
the Judgment of the trial Court is suspended and the
applicant is directed to be released on bail on executing
P.R. Bond in the sum of Rs.15,000/- with one or more
sureties in the like amount;
ii. The applicant is permitted to furnish cash bail in
the some of Rs.15,000/- for a period of eight weeks.
iii. The interim relief shall continue till further
orders.
iv. The applicant shall deposit amount of
Rs.1,25,000/- in this Court within a period of four weeks
from the date of his actual release.
v. Stand over to 21st November, 2022.
(PRAKASH D. NAIK, J.)
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