M/S Jay Balaji Enterprises ... vs M/S. Jangid Plywood Shoppee ...
2023 Latest Caselaw 3597 Bom

                                                             4-revn81-2023.doc


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

       CRIMINAL REVISION APPLICATION NO.81 OF 2023


 Jay Balaji Enterprises, through
 its proprietor Ganesh Ramesh Dadhich
 (Sharma) & Anr.                               ... Applicants
             V/s.
 Jangid Plywood Shoppee, through its
 proprietor Mahendra Chotelal Jangid &
 Anr.                                          ... Respondents



 Ms. Priya Arun Gajare i/by Mr. Amit A. Karva for the
 applicant.
 Mr. M.G. Patil, APP for respondent no.2/State.



                               CORAM : AMIT BORKAR, J.

                               DATED     : APRIL 11, 2023
 P.C.:

1. The criminal revision application arises out of conviction and sentence imposed by the learned Magistrate under section 138 of the Negotiable Instruments Act, 1881. The applicant has been sentenced to suffer simple imprisonment of three months and to pay fine of Rs.2,40,000/-, and in default to suffer simple imprisonment of fifteen days.

2. Learned advocate for the applicant states that during the pendency of this revision application, the applicant has deposited Rs.55,000/-. Having gone through the judgment and order passed

4-revn81-2023.doc

by the Trial Court and the learned Magistrate, the applicant has made out a case for suspension of sentence, subject to following conditions:

a) The sentence imposed by judgment and order dated 30 st August 2018 passed by the learned Judicial Magistrate First Class, Court No.6, Thane in SCC No.5406 of 2015 confirmed by the learned Additional Sessions Judge, Thane in Criminal Appeal No.47 of 2019 by order dated 3rd December 2022 is suspended subject to the appellant depositing Rs.1 lakh within four weeks from today;

b) In case the applicant fails to deposit amount of Rs.1 lakh within a period of four weeks from today, the order of suspension of sentence shall stand vacated forthwith without further reference to the Court.

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

(AMIT BORKAR, J.)