Shivraj Vaijnath Girke vs Baburao Basehttiappa Nakade Died His ...
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Bombay High Court

Shivraj Vaijnath Girke vs Baburao Basehttiappa Nakade Died His ... on 14 August, 2024

                                  1                   969-CrAn-3311-24.odt




       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BENCH AT AURANGABAD


               CRIMINAL APPLICATION NO. 3311 OF 2024
                         IN REVN/225/2024

                  SHIVRAJ VAIJNATH GIRKE
                           VERSUS
 BABURAO BASEHTTIAPPA NAKADE DIED HIS L.RS AJAY BABURAO
                           NAKADE
                              ...
       Advocate for Applicant : Mr. Shrikant G. Kawade
                              ...

                                      CORAM : S. G. MEHARE, J.

                                      DATE    : 14-08-2024
PER COURT :-

1. Heard the learned counsel for the applicant.

2. Issue notice to respondent, returnable on 10.09.2024.

3. The appeal of the applicant against the judgment and order

of the learned Judicial Magistrate First Class, Chakur, District Latur,

under Section 138 of Negotiable Instruments Act, has been

dismissed and he has surrendered yesterday.

4. The learned counsel for the applicant states that the

applicant has a good case on merit. The defence of the applicant

has not been correctly appreciated. The legal issues were involved

in the case.

5. Perused the impugned judgments and orders.

2 969-CrAn-3311-24.odt

5. The applicant has been sentenced to suffer simple

imprisonment for three months and fine of Rs.2,00,000/- (Rs. Two

Lakh),

6. From the arguments advanced by the learned counsel for the

applicant, there appears arguable points.

7. There shall be interim suspension of the substantive

sentence imposed upon the applicant, in S.T.C. No.26 of 2020 by

the learned Judicial Magistrate First Class, Chakur, District Latur,

dated 28.09.2022 and confirmed by the learned Sessions Judge,

Latur, in Criminal Appeal No.26 of 2022 dated 18.07.2022, till the

next date.

8. The applicant be released on bail on furnishing P.B. and S.B.

of Rs.50,000/- (Rs. Fifty Thousand) with one solvent surety of the

like amount.

9. Bail before the first Appellate Court.

( S. G. MEHARE ) JUDGE

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