Arun Shankar Shetty vs Hariprasad Krishna Shetty
2024 Latest Caselaw 1783 Bom

Bombay High Court

Arun Shankar Shetty vs Hariprasad Krishna Shetty on 22 January, 2024

Author: Prakash D. Naik

Bench: Prakash D. Naik

                                                         10-REVN-40-2024.doc

                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                          CRIMINAL APPELLATE JURISDICTION

                CRIMINAL REVISION APPLICATION NO. 40 OF 2024

Arun Shankar Shetty                              ...Applicant
      Versus
Hariprasad Krishna Shetty                        ...Respondent


Mr. Sharad Bhosale a/w Mr. Swapnali D Pednekar Advocate for
Applicant.
Mr. Arfan Sait, APP for Respondent-State.


                                        CORAM : PRAKASH D. NAIK, J.

DATE : 22nd JANUARY, 2024

P.C.:-

1. The revision applicant is convicted for offence under Section 138 of

the Negotiable Instruments Act vide judgment and order dated 2 nd

November 2018 passed by learned JMFC, Thane in SSC No. 5309 of 2015,

the applicant was sentenced to suffer simple imprisonment for a period of

four months and directed to pay fine of Rs.6,18,310/- and in default of

payment of fine to suffer simple imprisonment for 15 days.

2. The Appeal challenging the judgment of conviction was dismissed by

the learned Additional Sessions Judge, Thane vide judgment and order

dated 7th December 2023 in Criminal Appeal No.198 of 2018.

3. Learned Advocate for the applicant submitted that, the applicant has

deposited the amount of Rs.5,50,000/- during the pendency of appeal

10-REVN-40-2024.doc

before the Sessions Court. The said amount has been withdrawn by the

complainant.

4. Issue notice to Respondent No.1, returnable on 5th March 2024.

5. In the meantime, the substantive sentence imposed vide judgment

and order dated 2nd November 2018 passed by learned JMFC, Thane in SSC

No. 5309 of 2015 and confirmed by the learned Additional Sessions Judge

on 7th December 2023 in Criminal Appeal No. 198 of 2018 is suspended and

the applicant is directed to be released on bail on executing PR bond in the

sum of Rs.20,000/- with one or more sureties in the like amount.

6. Non-bailable warrant issued against applicant is stayed till further

orders.

(PRAKASH D. NAIK, J.)