Shabbir Khan Habib Khan Pathan vs Vishwakalyan Urban Co-Op. Credit ...
2023 Latest Caselaw 1072 Bom

                                         1                             964-CrRn-26-23.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD


             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 DAMODARSAMPATRAO DABHADE
                               ...
      Advocate for Applicant : Mr. Sanket S. Palnitkar h/f.
                               Mr. C. C. Deshpande
                               ...

                                               CORAM :        S. G. MEHARE, J.

                                               DATE       : 01-02-2023

PER COURT :-


1.      Heard the learned counsel for the applicant.


2.      Issue notice to the respondent, returnable on 03.03.2023.


3.      The applicant has been convicted for the offence punishable

under Section 138 of the Negotiable Instruments Act, 1881. The

learned Judicial Magistrate, First Class, Court No.2, Aurangabad,

passed an order of conviction sentencing him to undergo rigorous

imprisonment            for    four   months    and     the     compensation             of

Rs.12,56,203/-.          The order of the learned Judicial Magistrate has

been confirmed in appeal by the the learned Additional Sessions

Judge, Aurangabad.




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4.      The learned counsel for the applicant would submit that the

applicant has already deposited Rs.2,51,200/- with the court of the

learned Judicial Magistrate, First Class, Aurangabad. The applicant

has a good case on merit.             Therefore, the substantive sentence

may be suspended.


5.      Perused the impugned order. The applicant appears to have

grounds for argument in the revision.                 The applicant has been

taken into custody after pronouncement of the judgment by the

learned Additional Sessions Judge, Aurangabad. He is behind bar.

Considering the nature of the dispute and grounds raised in the

revision application, the substantive sentence is liable to be

suspended. Hence, the following order:-

                                      ORDER

i) The execution of the sentence imposed in judgment and

order of the learned Judicial Magistrate, First Class,

Aurangabad, in SCC No. 8420 of 2014 dated 07.01.2020 and

the order of learned Additional Sessions Judge, Aurangabad,

in Criminal Appeal No.18 of 2020 dated 18.01.2023, is

suspended till appearance of the respondent/complainant.

( S. G. MEHARE ) JUDGE

rrd