Amar Madhusudan Kurane vs State Of Maharashtra And Anr
2023 Latest Caselaw 9503 Bom

   Gokhale                              1 of 3                             3-revn-292-23


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

             CRIMINAL REVISION APPLICATION NO. 292 OF 2023

 Amar Madhusudan Kurane                                           ..Applicant.
       Versus
 State of Maharashtra & Anr.                                      ..Respondents

                               __________
 Mr. Deodatta Lad for Applicant.
 Mr. A. R. Patil, APP for State/Respondent No.1.
                               __________

                               CORAM : SARANG V. KOTWAL, J.
                               DATE : 11 SEPTEMBER 2023
 PC :

 1.            The Applicant was the original accused in C.C.No.3034/

 SS/2019 before the Metropolitan Magistrate, 20th Court, Mazgaon,

 Mumbai. The learned Magistrate vide his Judgment and order

 dated 10.02.2020 convicted the applicant for commission of

 offence punishable U/s.138 of the Negotiable Instruments Act. The

 learned Magistrate sentenced him to suffer S.I. till rising of the

 Court and to pay a fine amount of Rs.5 lakhs within two months

 and in default of payment of fine to suffer S.I. for three months.

 The Applicant was directed to pay 9% interest p.a. on the cheque

 amount from the date of cause of action till realization of the




::: Uploaded on - 12/09/2023                     ::: Downloaded on - 13/09/2023 02:35:37 :::
                                         2 of 3                             3-revn-292-23


 amount.


 2.            The case of the complainant i.e. the Respondent No.2

 herein was that, he had helped the accused financially by giving

 Rs.5 lakhs and in repayment thereof this cheque was issued, which

 was dishonoured and, therefore, this prosecution was launched.


 3.            After the trial Court's order, the applicant challenged it

 before the Additional Sessions Judge, Greater Mumbai in Criminal

 Appeal No.6 of 2021. That Appeal was dismissed vide order dated

 03.08.2023 and hence, the Applicant has preferred the present

 criminal revision application.


 4.            Learned counsel for the applicant submitted that, during

 pendency of the trial, the applicant has paid amount of Rs.1 lakh

 to the Respondent No.2. He referred to a copy of the receipt dated

 24.06.2019             which   also    makes           a        reference            to

 C.C.No.3034/SS/2019. Learned counsel submitted on instructions

 that the applicant shall deposit Rs.2 lakhs more within a period of

 four weeks in the Trial Court and he has no objection if the

 Respondent No.2 withdraws that amount.




::: Uploaded on - 12/09/2023                     ::: Downloaded on - 13/09/2023 02:35:37 :::
                                             3 of 3                             3-revn-292-23


 5.            Considering this bonafide submission, till the next date, I

 am inclined to suspend the sentence imposed on the applicant.


 6.            Hence, the following order:


                                               ORDER

i) Issue Notice to the Respondents, returnable on 11.12.2023.

ii) The Applicant is permitted to deposit amount of Rs.2,00,000/- (Rupees Two Lakhs only) in the Trial Court within a period of four weeks from today.

iii) The Respondent No.2 is permitted to withdraw the said amount, if deposited, on his executing an undertaking in the form of Affidavit that the said withdrawal would be subject to final outcome of the present criminal revision application.

iv) Till the next date, the remaining sentence imposed on the applicant is suspended.

v) Stand over to 11.12.2023.

(SARANG V. KOTWAL, J.)