Vijay Anna Latkar vs Sarvodaya Gramin Bigar Sheti ...
2023 Latest Caselaw 9774 Bom

   Gokhale                            1 of 3                         13-ia-st-17336-23


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                   CRIMINAL APPELLATE JURISDICTION

           INTERIM APPLICATION (ST) NO.17336 OF 2023
                              IN
      CRIMINAL REVISION APPLICATION (ST) NO.17041 OF 2023

 Vijay Anna Latkar                                              ..Applicant.
       Versus
 Sarvodaya Gramin Bigar Sheti
 Sahakari Pat Sanstha Maryadit & Anr.                           ..Respondents

                                 WITH
   CRIMINAL REVISION APPLICATION (ST) NO.17041 OF 2023
                               __________
 Mr. Ajit M. Savagave for Applicant.
 Mr. A. R. Patil, APP for State/Respondent.
                               __________

                               CORAM : SARANG V. KOTWAL, J.
                               DATE : 20 SEPTEMBER 2023
 PC :

 1.            The Applicant was the original accused in S.C.C.No.691

 of 2006 before the Judicial Magistrate, F.C., Jaysingpur. At the

 conclusion of the trial, the applicant was convicted for commission

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

 1881. He was sentenced to suffer R.I. for three months and was

 directed to pay compensation of Rs.60000/- to the complainant i.e.

 the Respondent No.1 herein and in default to suffer further R.I. for

 one month. This order was passed on 30.11.2013. The applicant




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 challenged that order before the Additional Sessions Judge,

 Jaisingpur, vide Criminal Appeal No.27 of 2013. That Appeal was

 dismissed vide Judgment and order dated 05.06.2023.


 2.            Learned counsel for the Applicant submitted that the

 cheque amount in respect of the cheque dated 15.06.2006 was

 mentioned as Rs.1,67,700/-. However, the cross-examination of

 the complainant's witness shows that, at least on two occasions

 major amount deposited by the applicant in his loan account was

 not reflected in the documents and therefore, the amount due and

 payable was much lesser than Rs.1,67,700/-. He submitted that,

 this evidence shows that the liability was not of Rs.1,67,700/- and

 therefore, the offence was not proved. Learned counsel further

 submitted that, during pendency of the Appeal, he has deposited

 Rs.30000/- with the Appellate Court. He made further statement

 that the applicant is willing to deposit Rs.10000/- within a period

 of four weeks from today. This statement is recorded.


 3.            Considering these submissions and the statement made

 by the learned counsel for the applicant, till the other side is heard,




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 he can be protected by way of ad-interim relief by suspending the

 sentence imposed on him, till the next date before this Court.


 4.            Hence, the following order:


                                                  ORDER

i) Issue Notice to the Respondent No.1, returnable on 13.12.2023.

ii) The Applicant is permitted to deposit Rs.10000/-

(Rupees Ten Thousand only) with the Appellate Court within a period of four weeks from today.

iii) The sentence imposed on the applicant is suspended by way of ad-interim relief, till the next date before this Court.

iv) Stand over to 13.12.2023.

(SARANG V. KOTWAL, J.)