Ravindra Sudhakar Kangutkar vs State Of Maharashtra
2023 Latest Caselaw 6750 Bom

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
               CRIMINAL APPELLATE JURISDICTION

  CRIMINAL REVISION APPLICATION [STAMP] NO.11808 OF 2023

 Ravindra S. Kangutkar                                      .....Applicant
            Versus
 State of Maharashtra
 and another                                                .... Respondents
                                .....
                               WITH
                 INTERIM APPLICATION NO.11821 OF 2023
                                 IN
   CRIMINAL REVISION APPLICATION [STAMP] NO.11808 OF 2023

                              -----
 Mr. Vinayak Patil, Advocate for the Applicant.
 Ms. M.R. Tidke, APP for the Respondent-State.
                              -----


                                     CORAM : SARANG V. KOTWAL, J.

                                     DATE   : 10th JULY, 2023

 P.C. :

 1.                 The Applicant was convicted for commission of

 the offence punishable under Section 138 of the Negotiable

 Instruments Act by the Metropolitan Magistrate, 58th Court,

 Bandra, Mumbai vide his judgment and order dated

 31.1.2011 passed in Case No.624/SS/2008. The Applicant

 was sentenced to suffer SI for three months and to pay

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  Deshmane(PS)




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 Rs.2,50,000/-, by way of compensation under Section

 357(3) of Cr.P.C., to the complainant and in default to suffer

 SI for four months. The Applicant challenged that order by

 way of Criminal Appeal No.154/2011 before the Court of

 Sessions at Mumbai.                  Learned Additional Sessions Judge,

 Greater Mumbai vide his order dated 27.1.2020 dismissed

 that Appeal.


 2.               Heard Shri Vinayak Patil, learned counsel for the

 Applicant and Ms. M.R. Tidke, learned APP for the State.


 3.               Learned            counsel   for    the       Applicant,           on

 instructions, states that the Applicant is ready and willing to

 deposit the entire amount of compensation of Rs.2,50,000/-

 before the trial Court within a period of two weeks from

 today. The statement is recorded and accepted. Based on

 this statement, the Applicant can be protected till the next

 date of hearing before this Court.


 4.               Hence, the following order:




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                                     :: O R D E R ::

i. Issue notice to the Respondent No.2, returnable on

4.9.2023.

ii. Till the next date before this Court, the substantive

sentence imposed on the Applicant is suspended.

iii. The Applicant is permitted to deposit the amount of

Rs.2,50,000/- before the trial Court within a period

of two weeks from today.

iv. Stand over to 4.9.2023.

(SARANG V. KOTWAL, J.)

Deshmane (PS)

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