Mansoor Mahammad Pathan vs State Of Maharashtra And Anr
2023 Latest Caselaw 3596 Bom

                                          47-ia4663-2022 in revn541-2022.doc


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

          INTERIM APPLICATION NO.4663 OF 2022
                           IN
      CRIMINAL REVISION APPLICATION NO.541 OF 2022


 Mansoor Mahammad Pathan                       ... Applicant
            V/s.
 The State of Maharashtra & Anr.               ... Respondents



 Mr. Dnyanesh Patil i/by Mr. Aditya S. Raktade for the
 applicant.
 Mr. M.G. Patil, APP for respondent no.1/State.



                               CORAM : AMIT BORKAR, J.

                               DATED     : APRIL 11, 2023
 P.C.:

1. Issue notice to the respondent no.2, returnable on 27th June 2023.

2. The criminal revision application arises out of conviction and sentence under section 138 of the Negotiable Instruments Act, 1881. The applicant has been convicted and sentenced to suffer simple imprisonment for three months and to pay fine of Rs.84,400/-. The appeal against the said judgment and order is dismissed.

3. Learned advocate for the applicant states that the accused has deposited amount of Rs.42,000/- with the Appellate Court. He

47-ia4663-2022 in revn541-2022.doc

is ready to deposit remaining amount of Rs.42,400/- which amounts to entire amount of fine. He states that the remaining amount of Rs.42,400/- shall be deposited within four weeks from today.

4. Considering the nature of proceedings and the findings recorded by the Courts below, the applicant has made out a case for suspension of sentence. Hence, following order:

a) The sentence imposed by judgment and order dated 9 th May 2017 passed by the Judicial Magistrate First Class, Peth Vadgaon in Summary Criminal Case No.308 of 2015 and confirmed by impugned judgment and order dated 18th October 2022 passed by learned Additional Sessions Judge, Kolhapur in Criminal Appeal No.93 of 2017 is suspended till 27th June 2023;

b) It is made clear that in case the applicant fails to deposit the amount of Rs.42,400/- within four weeks from today, the order of suspension of sentence shall stand vacated forthwith without further reference to the Court.

(AMIT BORKAR, J.)