Nivrutti Vithobaji Kamdi vs Mahalakshmi Bigar Sheti Nagari ...
2023 Latest Caselaw 2517 Bom

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

               CRIMINAL REVISION APPLICATION NO. 61 OF 2023
                         NIVRUTTI VITHOBAJI KAMDI
                                   VERSUS
         MAHALAKSHMI BIGAR SHETI NAGARI SAH. PAT SANSTHA AND ANOTHER
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Office Notes, Office Memoranda of                         Court's or Judge's Order
Coram, appearances, Court's Orders
or directions and Registrar's order
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                          Mr. A. B. Tikle, Advocate for the applicant.
                          Mrs. M. H. Deshmukh, A. P. P. for non-applicant no.2/State.

                                  CORAM : G. A. SANAP, J.

DATE : MARCH 15, 2023.

1. Heard Mr. A. B. Tikle, learned advocate for the applicant.

2. Issue notice to the non-applicants.

3. Mrs. M. H. Deshmukh, learned Additional Public Prosecutor waives service of notice on behalf of non- applicant no.2/State.

4. In-charge of the concerned police station shall ensure service of notice to non-applicant no.1 within three weeks.

5. Stand over after three weeks.

Criminal Application (APPR) No. 86 of 2023.

1. Heard Mr. A. B. Tikle, learned advocate for the applicant.

2. Issue notice to the non-applicants.

3. Mrs. M. H. Deshmukh, learned Additional Public Prosecutor waives service of notice on behalf of non- applicant no.2/State.

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4. In-charge of the concerned police station shall ensure service of notice to non-applicant no.1 within three weeks.

5. In this revision, challenge is to the order dated 20.02.2023, passed by the learned Sessions Judge, Chandrapur in Criminal Appeal No. 20/2017, whereby the learned Sessions Judge dismissed the appeal filed by the applicant and confirmed the conviction and sentence imposed on the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 by the learned Judicial Magistrate, First Class, Sindewahi. Learned Magistrate had sentenced the applicant to suffer simple imprisonment for three months and to pay compensation of Rs.8,00,000/-, in default to undergo further simple imprisonment for six months for the aforesaid offence.

6. Learned advocate submits that the applicant has deposited Rs.1,60,000/- out of total compensation of Rs.8,00,000/- in the Appellate Court. Learned advocate submits that the applicant is not well and therefore, if he is arrested and sent to jail, he would suffer irreparable loss. Learned advocate, therefore, prays for suspension of the substantive sentence.

7. In the facts and circumstances, till the next date, the substantive sentence can be suspended subject to appropriate conditions.

8. In view of above, till the next date, the substantive sentence awarded by learned Judicial Magistrate, First Class, Sindewahi, vide judgment and order dated 30.01.2017 in Misc. Criminal Case No. 314/2010, shall remain suspended, 3 1 revn61.23.odt

subject to the applicant depositing Rs.3,00,000/- within fifteen days from today in the trial Court.

9. Applicant - Nivrutti Vithobaji Kamdi be released on bail on his furnishing PR bond in the sum of Rs.15,000/- with one surety of the like amount.

10. Bail be furnished before the trial Court and to the satisfaction of the trial Court.

11. Stand over after three weeks.

JUDGE Diwale

Digitally signed byPARAG PRABHAKARRAO DIWALE Signing Date:16.03.2023 16:57