Shri. Surendra Balaso Haladkar vs Hemant Prabhakar Kulkarni
2023 Latest Caselaw 10810 Bom

                                    1/3                            08-REVN-329-23.odt

               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

              CRIMINAL REVISION APPLICATION NO.329 OF 2023

    Surendra Balaso Haladkar                                .... Applicant

                     versus

    Hemant Prabhakar Kulkarni                               .... Respondents
                                           .......

    •       Mr. Drupad Patil a/w Ajinkya Patil a/w Dheeraj Patil, Advocate
            for Applicant.
    •       Mr. Yogesh Y. Dabke, APP for the State/Respondent.

                                    CORAM       : SARANG V. KOTWAL, J.
                                    DATE        : 18th OCTOBER, 2023

    P.C. :


    1.               The Applicant was the original accused in Summery

         Criminal Case No.85 of 2013 before the Judicial Magistrate First

         Class, Court No.8, Kolhapur. Learned Magistrate vide the

         Judgment and Order dated 11/07/2014 convicted the Applicant

         for commission of offence punishable u/s 138 of the Negotiable

         Instruments         Act.   He    was   sentenced     to     suffer       simple

         imprisonment till rising of the Court. He was directed to pay

         compensation of Rs.3,20,000/- to the complainant and in


Nesarikar




   ::: Uploaded on - 19/10/2023                     ::: Downloaded on - 20/10/2023 22:58:01 :::
                                      2/3                          08-REVN-329-23.odt

      default to suffer rigorous imprisonment for 1 ½ months. The

      case was for dishonour of cheque of the amount of Rs.3 lakhs.

      The transaction was regarding repurchase of a truck which the

      Applicant had previously sold allegedly to the complainant.



 2.               The Applicant challenged the order of the conviction

      and sentence vide Criminal Appeal No.138 of 2014 before the

      Additional Sessions Judge, Kolhapur. The Appeal was dismissed

      vide order dated 13/03/2023 and hence the Applicant has

      preferred this Revision Application before this Court.



 3.               Learned counsel for the Applicant submitted that

      during pendency of the Appeal, he has already deposited

      Rs.1,20,000/- in the Appellate Court and he is also willing to

      settle the matter with the complainant. In view of this

      statement, following order is passed :


                                           ORDER

(i) Issue notice to the Respondent No.1 returnable on 23/01/2024.

                                       3/3                            08-REVN-329-23.odt




                   (ii)        Till the next date, there shall be ad-interim relief

in terms of prayer clause (c).

(iii) The Applicant shall add the State of Maharashtra as Respondent No.2.

(iv) Stand over to 23/01/2024.

(SARANG V. KOTWAL, J.)