Bombay High Court
Shailesh S/O Narayan Agrawal vs Rashmi W/O Ajay Fadanvis And ... on 14 February, 2023
Bench: G. A. Sanap
1 8.revn.30.2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
CRIMINAL REVISION APPLICATION (REVN) NO.30 OF 2023
Shailesh S/o. Narayan Agrawal
.VS.
Rashmi W/o. Ajay Fadanvis and Anr.
_______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Shri C. G. Barapatre, Advocate for the applicant
Shri A. R. Chutke, APP for the State
CORAM : G.A. SANAP, J.
DATE : FEBRUARY 14, 2023.
Heard.
2. Issue notice to the non-applicant, returnable within four
weeks.
3. Learned APP waives service of notice on behalf of non-
applicant No.2/State.
CRIMINAL APPLICATION NO. 38 OF 2023
4. Heard
5. Issue notice to the non-applicant, returnable within four
weeks.
2 8.revn.30.2023
6. Learned APP waives service of notice on behalf of non-
applicant No.2/State.
7. In this application, the applicant has challenged the
judgment and order dated 21.01.2023 passed by the learned
Additional Session Judge, Nagpur, whereby the revision
application filed by the applicant against his conviction and
sentence for the offence punishable under Section 138 of the
Negotiable Instruments Act, 1881 came to be dismissed. Learned
Judicial Magistrate, Nagpur vide his order dated 12.04.2019 had
convicted the applicant for the offence punishable under Section
138 of the Negotiable Instruments Act, 1881 and sentenced him
to suffer simple imprisonment for three months and to pay a fine
of Rs.6,15,000/- and in default to further undergo simple
imprisonment for three months. Learned Advocate submits that
during the pendency of the appeal the applicant has deposited
Rs.1,20,000/-. He has placed on record the receipt towards the
same. Learned Advocate submits that the warrant for execution
of sentence has been issued against the applicant. Learned
Advocate, therefore, prays that substantive sentence subject to
appropriate conditions may be suspended.
8. On going through the record, it is seen that in terms of
the order passed by the appellate Court, the applicant has
deposited Rs.1,20,000/-. In this revision application subject to
3 8.revn.30.2023
the condition of deposit of the part of the remaining amount, in
my view, the substantive sentence can be suspended.
9. The substantive sentence, accordingly, shall stands
suspended till next date on a condition that the applicant shall
deposit Rs.2,00,000/- within one month in this Court.
10. In the meantime, the applicant be released on bail on his
furnishing PR bond in the sum of Rs.15,000/- and one surety in
the like amount.
11. This application for substantive sentence would be heard
finally after service of notice to the non-applicant.
(G. A. SANAP, J.)
Namrata
Signed By:NAMRATA YOGESH
DHARKAR
P. A.
High Court Nagpur
Signing Date:14.02.2023 17:35
