Bombay High Court
Ravindra Kumar Singh vs State Of Maharashtra on 17 August, 2023
Bench: S. V. Kotwal
1 of 4 31-IAST-14984-2023
Digitally
signed by
ASHWINI
ASHWINI
JANARDAN
JANARDAN VALLAKATI
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
VALLAKATI Date:
2023.08.18
12:34:27
+0530
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION (ST) NO.14984 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.251 OF 2023
Ravindra Kumar Singh ...Applicant
Versus
The State of Maharashtra & Anr ...Respondents
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Mr. Rammani G. Upadhyay, Advocate, for Applicant.
Ms. M.R. Tidke, APP, for State/Respondent.
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CORAM : SARANG V. KOTWAL, J.
DATE : 17th AUGUST 2023
PC :
1. The Applicant was the Accused in C.C.
No.3111/SS/2016 before the Metropolitan Magistrate 58th Court
Bandra, Mumbai. The learned Judge vide his judgment and order
dated 8th May 2018 convicted the Applicant for commission of
offence punishable under Section 138 of the Negotiable
Instruments Act, 1881. The Applicant was sentenced to suffer
simple imprisonment for one month and to pay compensation of
Rs.3 lakhs with simple interest @ 6% per annum from the date of
the cheque i.e., 29th August 2016 within a period of three months
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from the date of the order and in default to suffer simple
imprisonment for two months. The Applicant preferred an Appeal
before the Court of Sessions, Grater Mumbai, vide Criminal Appeal
No.370 of 2018, which was dismissed. The Applicant is taken into
custody. The prosecution case is that the Applicant had obtained a
loan from the Respondent No.2 i.e., the original Complainant to
the tune of Rs.3 lakhs. In repayment thereof, two cheques were
issued in the sum of Rs.1,50,000/- each drawn on Canara Bank,
Khar branch, Mumbai. The cheques were dishonored. Hence, this
prosecution.
2. Learned Counsel for the Applicant submitted that the
Applicant was always desirous of settling the matter and
compounding the offence. However, the Respondent No.2 is not
traceable. This is reflected in the Appellate Court's order. He
submitted that the Applicant had already deposited Rs.40,000/- in
the trial Court during the pendency of his Appeal. He is willing to
deposit Rs.60,000/- more in the trial Court till the Respondent
No.2 is served. Considering this fair submission, the following
order is passed:
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ORDER
i) Issue notice to the Respondent No.2, returnable
on 31st October 2023.
ii) The Applicant is permitted to deposit Rs.60,000/-
(Rupees Sixty Thousand only) before the trial
Court.
iii) After said deposit, by way of ad-interim relief the
sentence imposed on the Applicant is suspended
till the next date before this Court.
iv) Till the next date, on proof of such deposit the
Applicant is directed to be released on interim
bail on his executing a P.R. Bond in the sum of
Rs.25,000/- with one or two sureties in the like
amount. For the initial period of two weeks the
Applicant is permitted to furnish cash bail for
Rs.25,000/-.
He shall be released on interim bail on his
furnishing proof of deposit of Rs.60,000/- in the
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trial Court as directed above.
v) This order shall operate till 31st October 2023.
vi) Stand over to 31st October 2023.
(SARANG V. KOTWAL, J.)
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