Bombay High Court
Pramod Shivajirao Patil vs Bhikaji Chandulal Shahare And Anr on 18 October, 2023
Bench: S. V. Kotwal
1/3 [email protected]
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.331 OF 2023
WITH
INTERIM APPLICATION NO.3777 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.331 OF 2023
WITH
INTERIM APPLICATION NO.3778 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.331 OF 2023
Pramod Shivajirao Patil .... Applicant
versus
Bhikaji Chandulal Shahare & Anr. .... Respondents
.......
• Mr. Pranita P. Hingmire, Advocate for Applicant.
• Mr. Arfan Sait, 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.3679 of 2015 before the Judicial Magistrate
First Class, Court No.6, Nashik. Learned Magistrate convicted
the Applicant for commission offence punishable u/s 138 of the
Negotiable Instruments Act. He was sentenced to suffer rigorous
imprisonment for three months and to pay fine amount of
Rs.1,40,000/- and in default to suffer simple imprisonment for
Nesarikar
::: Uploaded on - 18/10/2023 ::: Downloaded on - 19/10/2023 07:58:02 :::
2/3 [email protected]
two months. The complainant was directed to be given
Rs.1,39,000/- out of the fine amount.
2. The prosecution was for dishonour of cheque of
Rs.70,000/- which was allegedly given by the Applicant to the
complainant/Respondent No.1 herein in return of part payment
of the amount, which he had given to the Applicant for investing
through DMAT amount.
3. The Applicant challenged the order of conviction and
sentence before the Court of Sessions at Nashik, vide Criminal
Appeal No.103 of 2017. That Appeal was dismissed by the
learned Sessions Judge, Nashik, vide his Judgment and Order
dated 10/10/2023. The Applicant is taken into custody on the
very same day and since then he is in the custody.
4. Learned counsel for the Applicant submitted that
during pendency of the Appeal, the Applicant has deposited the
entire compensation of Rs.1,40,000/- before the Appellate
Court. Learned counsel further submitted on instructions that
::: Uploaded on - 18/10/2023 ::: Downloaded on - 19/10/2023 07:58:02 :::
3/3 [email protected]
the Applicant does not have objection if the complainant is
permitted to withdraw the said amount.
5. Considering this fair stand taken by the Applicant, I am
inclined to grant ad-interim relief to him.
6. Hence, the following order :
ORDER
(i) Issue notice to the Respondent No.1 returnable
on 24/01/2024.
(ii) By way of ad-interim relief, the substantive
sentence of the Applicant is suspended till
24/01/2024.
(iii) Till the next date, i.e. till 24/01/2024, the
Applicant be released on interim bail, on his
executing P.R. Bond in the sum of Rs.10,000/-.
(iv) This order shall operate till 24/01/2024.
(v) Stand over to 24/01/2024.
(SARANG V. KOTWAL, J.)
