Pramod Shivajirao Patil vs Bhikaji Chandulal Shahare And Anr
2023 Latest Caselaw 10835 Bom

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               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




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      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




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      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.)