Shabbir Khan Habib Khan Pathan vs Vishwakalyan Urban Co-Op. Credit ...
2023 Latest Caselaw 4237 Bom

                                 1             909-Cri.Rev.Appln.26-23+1.odt



             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

          909 CRIMINAL REVISION APPLICATION NO.26 OF 2023
               WITH APPLN/472/2023 IN REVN/26/2023

                SHABBIR KHAN HABIB KHAN PATHAN
                            VERSUS
          VISHWAKALYAN URBAN CO-OP. CREDIT SOCIETY LTD.
            AURANGABAD THROUGH MANAGER DAMODHAR
                      SAMPATRAO DABHADE

                                     ...
             Advocate for Applicant : Mr. Deshpande Chaitanya
                               Chandrakant.
            Advocate for Respondent : Mr. Jahagirdar Virendra V.
                                     ...

                                 CORAM :    S. G. MEHARE, J.

                                 DATE :     26.04.2023

     PER COURT :-

1. Heard the learned counsel for the applicant and the

learned counsel for the respondent.

2. The applicant was convicted for the offence punishable

under Section 138 of the N. I. Act. He had issued the cheque

to the respondent/complainant, in the year 2014, for

Rs.12,56,203/-. However, it was dishonoured. The applicant

was convicted by two consecutive judgments. The sentence

was suspended till the appearance of the

respondent/complainant. The respondent/complainant has

strongly opposed the application. He submits that this is not a

2 909-Cri.Rev.Appln.26-23+1.odt

fit case to exercise the discretion, as the public money has been

withhold by the applicant. It is a financial dispute. Though

the applicant shown his willingness to deposit the entire

amount, he did not comply with it. He is unnecessarily killing

the time. He has many sources of income. But, he is not

willing to pay the money of the respondent/complainant.

3. The offence relates to the money. The public money

appears to have been misused by the applicant. He did not

repay the same. The conduct of the parties is material to

exercise the discretion for suspension of the sentence. The

wrongdoer cannot misuse the public money. Considering the

length of litigation, the Court is of the view that this is not a fit

case to exercise the discretion under Section 389 of the Cr.P.C.

Hence, the application for suspension of sentence is dismissed.

4. The surety furnished by the applicant before the learned

Additional Sessions Judge, Aurangabad in Criminal Appeal

No.18 of 2020, dated 18.01.2023 stands cancelled. The surety

stands discharged.

5. The applicant is directed to surrender before the learned

Judicial Magistrate First Class, Aurangabad for executing the

sentence, on or before 09.05.2023. If he would not appear, the

Court may issue the conviction warrant forthwith.

3 909-Cri.Rev.Appln.26-23+1.odt

6. In view of the above terms, Criminal Application stands

dismissed.

7. Criminal Revision Application, stand over to 26.06.2023.

(S. G. MEHARE, J.)

...

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