Bombay High Court
Arun Anant Ambi vs Ajara Shetkari Sahakari Sakhari ... on 29 November, 2023
Author: Prithviraj K. Chavan
Bench: Prithviraj K. Chavan
2023:BHC-AS:35463 1-IA-4237-2023.doc
Shailaja
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO.4237 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.380 OF 2023
Arun Anant Ambi ] Applicant
Vs.
Ajara Shetkari Sahakari Sakhar ]
Karkhana Ltd through Sileman ]
Abdulsatar Gavasekar and another ] Respondents
.....
Mr. Paras Yadav, for Applicant.
Mr. Netaji Gawade i/b Mr. Abhijit Desai, for Respondent No.1-
Complainant.
Ms. G.P. Mulekar, A.P.P, for Respondent No.2-State.
.....
CORAM : PRITHVIRAJ K. CHAVAN, J.
DATE : 29th November, 2023.
P.C.
1. Heard learned Counsel for the parties.
2. Applicant has been convicted by the Judicial Magistrate First
Class, Ajara in Summary Criminal Case No.201 of 2012 of an
offence punishable under section 138 of the Negotiable Instruments
Act, 1881 on 5th August, 2014 sentencing him to suffer simple
imprisonment for six months, inter alia, imposing compensation to
the tune of Rs.3,87,000/-. The applicant had impugned the said
judgment of conviction before the learned Additional Sessions
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Judge, Gadhinglaj, District Kolhapur vide Criminal Appeal No.24
of 2014. The learned Additional Sessions Judge has dismissed the
appeal on 31st October, 2023 by maintaining the judgment of
conviction and sentence passed by the J.M.F.C, Ajara.
3. It appears that the applicant had already deposited an amount
of Rs.1,00,000/- towards part payment of compensation on the date
when the appeal came to be dismissed by the Additional Sessions
Judge on 31st October, 2023. It is submitted by the learned Counsel
for the applicant that an additional amount of Rs.1,00,000/- has
been deposited by the applicant on 9 th November, 2023 in the lower
Appellate Court. Statement is accepted.
4. Learned Counsel for respondent No.1-complainant seeks time
to respond the application seeking suspension of execution of
sentence pending the Criminal Revision Application.
5. At the outset, it appears that the applicant had already
deposited substantial amount of cheque in question before the
Court below. Since, the applicant has been taken into custody by
the lower Appellate Court on the date of pronouncement of the
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judgment and as the Revision Application may not be heard in near
future, it would not be desirable to detain the applicant in the
prison till the Revision Application is decided on merits.
6. Considering the aforesaid facts, the execution of substantive
sentence awarded by the Magistrate's Court and confirmed by the
lower Appellate Court stands suspended till the Revision
Application is decided on merits. The applicant shall be released on
executing a P.R bond in the sum of Rs.15,000/- with one surety in
the like amount to the satisfaction of the lower Appellate Court.
7. Learned Counsel for the applicant submits that the balance
amount of cheque would be deposited within three weeks.
Statement is accepted as an Undertaking to the Court.
8. The Application stands disposed of.
9. Criminal Revision Application be listed on 20th December,
2023.
[PRITHVIRAJ K. CHAVAN, J.]
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