Rajendra Pratap Bahadur Singh vs The State Maharashtra
2023 Latest Caselaw 7623 Bom

                         1                                                22.REVN-218-23

         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
              CRIMINAL APPELLATE JURISDICTION
         CRIMINAL REVISION APPLICATION NO.218 OF 2023
                                       [Rajendra Vs. State]
                            WITH
             INTERIM APPLICATION NO.2748 OF 2023
                             IN
         CRIMINAL REVISION APPLICATION NO.218 OF 2023

Office Notes, Office          Court's or Judge's orders.
Memoranda of Coram,
appearances, Court's
orders or directions and
Registrar's orders
                                Mr. Akhilesh Upadhyay, Advocate a/w. Deepa
                                Panicker, Sanjay Chaturvedi, for the Applicant.
                                Mr. N.B. Patil, APP for the Respondent-State.

                                CORAM : SARANG V. KOTWAL, J.

                                DATE         : 01st AUGUST, 2023
               P.C.:

             1.        The Applicant was convicted by the Metropolitan
              Magistrate,       30th      Court,         Kurla,   Mumbai           in    C.C.
              No.3000419/SS/2015 under Section 138 of the Negotiable
              Instruments Act vide the order dated 5.1.2017.

             2.        The Applicant challenged said judgment and order
              before the Additional Sessions Judge at Greater Bombay vide
              Criminal Appeal No.180/2017. That Appeal was dismissed;
              and hence he has filed the present Revision Application.

             3.        The case of the complainant i.e. the Respondent No.2
              herein is that at the instance of the complainant's brother, the
              Applicant obtained loan of Rs.4 Lakhs from the complainant.
              The Applicant did not repay the loan amount. Instead,he gave
              three cheques of Rs.1,50,000/- dated 6.12.2014. Those cheques
              were dishonored and hence, the prosecution was lodged.

             4.        Learned counsel for the Applicant submitted that the
              transaction was not for Rs.4 Lakhs. The cheques show that the

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                      figure   "50,000/-"     was     written,    but,   subsequently        the
                      complainant himself used those cheques and a figure of "1"
                      was added before the figure "50,000/-" making the cheque
                      amount as Rs.1,50,000/- on every cheque. He submitted that
                      during pendency of the Appeal, the Applicant has deposited
                      Rs.1,25,000/- before the Appellate Court. Learned counsel
                      submitted that the Applicant is further willing to deposit
                      Rs.1,00,000/- in the trial Court within a period of four weeks
                      from today.

                  5.           Considering these submissions, it is necessary to hear
                      the other side. Considering the submissions made by learned
                      counsel for the Applicant, he can be protected by way of ad-
                      interim relief till the next date.

                  6.           Hence, the following order :
                                                   :: O R D E R ::

i. Issue notice to the Respondents, returnable on 10.10.2023.

ii. The Applicant is permitted to deposit Rs.1,00,000/-

(Rupees One Lakh Only) before the trial Court within a period of four weeks from today. iii. Till the next date, the sentence imposed on the Applicant shall remain suspended.

iv. Stand over to 10.10.2023.

(SARANG V. KOTWAL, J.)

Deshmane (PS)