Baliram Chandrama Yadav vs State Of Maharashtra And Anr
2023 Latest Caselaw 6975 Bom

                                  1/3       11-REVN-189-2023 + IA-2506-2023.odt

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

              CRIMINAL REVISION APPLICATION NO.189 OF 2023
                                 WITH
                  INTERIM APPLICATION NO.2506 OF 2023
                                   IN
              CRIMINAL REVISION APPLICATION NO.189 OF 2023

    Baliram Chandrama Yadav                                           ..Applicant
               Versus
    The State of Maharashtra & Anr                               ..Respondents

                                        .......

    •       Mr. Amit Sale, for the Applicant.
    •       Ms. M.R. Tidke, APP, for the State/Respondent.

                                  CORAM    : SARANG V. KOTWAL, J.
                                  DATE     : 13th JULY, 2023

    P.C. :


    1.               The Applicant was the original Accused before the

         Metropolitan Magistrate, 58th Court, Bandra, Mumbai in C.C.

         No.2575/SS/2015. The learned Magistrate vide judgment and

         order dated 3rd July 2017, convicted him for the offence

         punishable under Section 138 of the Negotiable Instruments Act.

         He was sentenced to suffer simple imprisonment for two months

         and to pay compensation of Rs.3 Lakhs.                That order was


Nesarikar




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      challenged by the Applicant before the Court of Sessions at

      Greater Bombay in Cri. Appeal No.778/2017.                  The learned

      Appellate Judge dismissed the Appeal on 17th June 2023. After

      that the present Revision Application is filed.



 2.               Learned Counsel for the Applicant submitted that the

      EMI of the loan amount was fixed at Rs.71,604/- and the

      cheques was for the Rs.3 Lakh. It was only given as a security

      and complainant has put the figure which was unjustified. He

      submitted that the Applicant has not received the possession of

      the flat for which the loan was sanctioned and which was the

      subject matter of the issuance of the cheque. Learned Counsel

      stated that the Applicant had deposited 25% of the amount of

      the cheque in the trial Court.      He makes the statement on

      instructions that the Applicant shall deposit additional 25% of

      the cheque amount during the course of four weeks from today

      and after that further 25% within a period of four weeks after

      the initial four weeks. The statement is recorded.




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 3.               On the basis of this statement for the time being, the

      Applicant can be protected. In the meantime, the bonafide of

      the Applicant can also be tested.



 4.               Hence, the following order :

                                       ORDER

i) Issue notice to the Respondents, returnable on

12th September 2023.

ii) Till the next date, the sentence imposed on the Applicant, shall be suspended.

iii) Stand over to 12th September 2023.

(SARANG V. KOTWAL, J.)