Nandu Hukumchand Pawar vs Raver Peoples Co-Oprative ...
2023 Latest Caselaw 5581 Bom

                                      1          963 Cri. Appln. No. 1278-2023.odt




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

              CRIMINAL APPLICATION NO. 1278 OF 2023
                               IN
          CRIMINAL REVISION APPLICATION NO. 103 OF 2023

                    NANDU HUKUMCHAND PAWAR
                                VERSUS
       RAVER PEOPLES CO-OPRATIVE SOCIETY LIMITED, RAVER
          THROUGH ITS MANAGER KALIDAS DALDAS WANI
                                   ...
         Advocate for Applicants : Mr. Bhosale Mahesh Kalidas
        Advocate for the respondent : Mr. A.J. Patil Mr. A. B. Parte
                                   ...

                                 CORAM : S. G. MEHARE, J.

                                 DATE     : 14.06.2023

PER COURT :

1.              The applicant is seeking suspension of sentence imposed

by the learned Judicial Magistrate First Class Court no.2, Raver

sentencing him to suffer rigorous imprisonment for one month and pay

a fine of Rs. 1,10,000/- and in default to suffer R. I. for one month for

the offence punishable under Sections 138 of the Negotiable

Instruments Act 1861 in S.S.C. No. 497 of 2012 dated 17.09.2013.

The learned Additional Sessions Judge, Bhusawal by judgment and

order in Criminal Appeal No. 193 of 2014, dated 09.02.2023, has

confirmed the sentence.




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                                        2        963 Cri. Appln. No. 1278-2023.odt



2.       The learned counsel for the applicant made a statement that

today the applicant has been arrested under conviction warrant and

taken into custody to undergo sentence.       He would argue that the

applicant has a good case on merit. He would further argue that there

was delay in filing the complaint. The other material grounds have not

been considered by the Courts. Hence the sentence may be suspended.



3.       The learned counsel for the respondent has vehemently opposed

the application contending that there was no probable defence. Hence,

both courts have correctly convicted the applicant.



4.       Perused the papers, impugned judgments and orders. There

appears ground available to the applicant to argue in revision. There

are no antecedents to the discredit of the applicant. He is a poor man.

Hence, the sentence is liable to be suspended.      Hence, the following

order.

                              ORDER

(i)             The application is allowed.

(ii)            The implementation and execution of the sentence

imposed by the leaned Judicial Magistrate First Class, Court No. 2

Raver District Jalgaon in S.C.C. Case No. 497/2012 dated 17.09.2013

convicting the accused for the offence punishable under Section 138 of

3 963 Cri. Appln. No. 1278-2023.odt

the Negotiable Instruments Act and confirmed by the learned

Additional Sessions Judge, Bhusawal in Criminal Appeal No. 193 of

2014, is suspended till conclusion of the revision.

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

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

amount.

(iv) Bail before the learned Additional Sessions Judge, Bhusawal.

(v)    List the matter in due course.



                                            ( S. G. MEHARE )
                                                    JUDGE



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