Iqbal Hasan Shaikh vs Chandrakant Prabhakar Namdas And ...
2023 Latest Caselaw 6969 Bom

                                            1                         940-CrAn-2495-23.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                   CRIMINAL APPLICATION NO.2495 OF 2023
                   IN REVN/202/2023 WITH REVN/202/2023

                        IQBAL HASAN SHAIKH
                                VERSUS
         CHANDRAKANT PRABHAKAR NAMDAS AND ANOTHER
                                   ...
        Advocate for Applicant : Mr. Sushant Baburao Choudhari
          APP for Respondent No.2/State : Mr. S. P. Deshmukh
                                   ...

                                                CORAM :        S. G. MEHARE, J.

                                                DATE       : 13-07-2023
PER COURT :-

1. Heard the learned counsel for the applicant.

2. Issue notice to the respondents, returnable on 09.08.2023.

3. The learned A.P.P. waives service of notice for respondent

No.2/State.

4. The learned counsel for the applicant would submit that

there was no legally enforceable debt, however, the complainant

had misused the cheque in dispute. The complainant also not

proved that there was legally enforceable debt, however, on bare

presumption, both Courts held the applicant guilty and sentenced

him to suffer simple imprisonment for fifteen days for the offence

punishable under Section 138 of the Negotiable Instruments Act,

1881. Till date, not a single penny has been deposited against the

cheque amount. Since it is a dispute about the legality of the

transaction and the legal issues are involved, sentence may be

suspended.

2 940-CrAn-2495-23.odt

5. Perused the impugned judgments and orders.

6. The question that has been raised before this Court may fall

for consideration in the revision application. There were no

complaints against the applicant of misusing the liberty granted to

him to be on bail. The conviction is for a short term. However, he

has to deposit some amount as he is using money since 2012.

Hence, the order:-

i) The execution, implementation, effect and operation of

the sentence to suffer simple imprisonment for 15 days

imposed by the learned Judicial Magistrate First Class,

Osmanabad, Court No.2, by its judgment and order in

SCC No.109 of 20212, dated 09.02.2017 and confirmed

by the learned Sessions Judge, Osmanabad, by its

judgment and order in Criminal Appeal No. 13 of 2017,

dated 10.07.2023, is suspended till the appearance of

respondent No.1/complainant.

ii) The applicant to deposit Rs.65,000/- (Rs.Sixty Five

Thousand) within four weeks from today.

iii) The applicant be released on bail on executing P.B. and

S.B. of Rs.50,000/- with one solvent surety of like

amount.

iv) Bail before the learned Sessions Judge, Osmanabad.

( S. G. MEHARE, J. ) rrd