Bombay High Court
Yuvraj Hiraman Shinde vs State Of Maharashtra And Anr on 10 October, 2023
Bench: S. V. Kotwal
Gokhale 1 of 4 6-ia-3654-23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3654 OF 2023
IN
CRIMINAL REVISION APPLICATION NO. 321 OF 2023
Yuvraj Hiraman Shinde ..Applicant
Versus
State of Maharashtra & Anr. ..Respondents
WITH
CRIMINAL REVISION APPLICATION NO. 321 OF 2023
__________
Mr. Narayan Rokade for Applicant.
Mr. Arfan Sait, APP for State/Respondent No.1.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 10 OCTOBER 2023
PC :
1. The Applicant was the original accused in S.C.C.No.359
of 2017 on the file of J.M.F.C., Yeola. He was prosecuted by the
Respondent No.2 herein for dishonour of the cheque of Rs.10 lakhs
dated 04.05.2017, drawn on Nashik District Girna Co-operative
Bank Ltd.
2. The case of the complainant/Respondent No.2 is that the
complainant disbursed the loan of Rs.25 lakhs on 07.01.2014 and
in part payment of his liability this cheque was issued; which was
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dishonoured. At the conclusion of the trial, the applicant was
convicted for commission of offence punishable U/s.138 of the
Negotiable Instruments Act. He was sentenced to suffer S.I. for six
months. He was directed to pay amount of Rs.10 lakhs with simple
interest at the rate of Rs.9%p.a. from the date of cheque till the
actual recovery. The trial Court passed the Judgment and order on
06.12.2021. The applicant challenged that order before the
Additional Sessions Judge, Yeola vide Criminal Appeal No.29 of
2023. That Appeal was dismissed vide order dated 03.08.2023 and
the applicant has preferred the present revision application.
3. Learned counsel for the applicant, on instructions,
submits that the applicant is desirous of settling the matter with
the Respondent No.2. He submitted that, he is willing to make the
entire payment of compensation in phase-wise manner. He
submitted that, he has already deposited Rs.2 lakhs in the
Appellate Court during pendency of the Appeal. He further
submitted and stated that the applicant would deposit Rs.2 lakhs
within three weeks from today and would deposit further Rs.3
lakhs before the last week of December 2023. He submitted that,
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this will show his bonafides and he will also deposit balance
amount as early as possible. He further submitted that the
applicant has no objection if the Respondent No.2 withdraws that
amount.
4. Considering these submissions, the following order is
passed.
ORDER
i) Issue Notice to the Respondent No.2, returnable
on 19.12.2023.
ii) The Applicant is permitted to deposit
Rs.2,00,000/- within three weeks from today
before the trial Court.
iii) The Applicant is also permitted to deposit further
amount of Rs.3,00,000/- on or before 18.12.2023
in the Trial Court.
iv) The Respondent No.2 is permitted to withdraw
the amount deposited by the present applicant on
executing an undertaking that said withdrawal
would be subject to the final outcome of the
present revision application.
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v) Based on these statements made on behalf of the
applicant, the sentence imposed on the applicant
is suspended till 19.12.2023.
vi) Stand over to 19.12.2023.
(SARANG V. KOTWAL, J.)
