Ramesh Kaudamal Nagwani vs Shri. Laxmi Automobiles, Through ...
2023 Latest Caselaw 667 Bom

                                                     1                     8.revn.7.2023

            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      NAGPUR BENCH, NAGPUR.

          CRIMINAL REVISION APPLICATION (REVN) NO.7 OF 2023
                        Ramesh Kaudamal Nagwani
                                  .VS.
                         Shri Laxmi Automobiles
 _______________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions Court's or Judge's orders.
and Registrar's Orders.
Mr P. R. Agrawal, Advocate for the applicant

                                CORAM : G.A. SANAP, J.

DATE : JANUARY 18, 2023.

Heard.

2. Issue notice to the respondent, returnable after four weeks.

CRIMINAL APPLICATION (APPR) NO.8 OF 2023

3. Heard.

4. Issue notice to the respondent, returnable after four weeks.

5. The appeal filed by the applicant against his conviction and sentence for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (For short 'N. I. Act') was dismissed by the learned Additional Sessions Judge, Wardha on 07.01.2023, confirming the order passed by the learned 2 8.revn.7.2023

Magistrate. Learned Judicial Magistrate First Class, Wardha vide order dated 29.07.2019 had convicted the applicant for the offence punishable under Section 138 of the N. I. Act and sentenced him to suffer simple imprisonment for three months and directed to pay the compensation of Rs.3,50,000/- to the non-applicant and in default of payment of compensation to further undergo simple imprisonment for one month. Learned Advocate for the applicant submits that the grounds of challenge to the impugned judgment and order have been set out in the revision application. The applicant has a good case on merit. The applicant was taken in custody on 07.01.2023 and since then he has been lodged in Wardha Jail. Learned Advocate submits that by way of interim order the substantive sentence may be suspended. Learned Advocate submits that out of Rs.3,50,000/- he has deposited Rs.70,000/-. In the facts and circumstances, it would be just and proper to suspend the substantive sentence till the next date.

6. The substantive sentence awarded by the learned Judicial Magistrate First Class, Wardha and confirmed by the learned Additional Sessions Judge, Wardha shall remain suspended till next date.

7. The applicant be released on bail on his furnishing PR bond in the sum of Rs.15,000/- and surety in the like amount.

3 8.revn.7.2023

8. The point with regard to the direction to the applicant to deposit the compensation or part of compensation will be passed after hearing both the parties.

9. Stand over after four weeks.

(G. A. SANAP, J.) Namrata

Signed By:NAMRATA YOGESH DHARKAR P. A.

High Court Nagpur Signing Date:18.01.2023 14:52