Subhash Bhikaji Kulkarni vs The Nashik Road Deolali Vyapari ...
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Bombay High Court

Subhash Bhikaji Kulkarni vs The Nashik Road Deolali Vyapari ... on 25 January, 2024

Author: Prakash D. Naik

Bench: Prakash D. Naik

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          IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                   CRIMINAL APPELLATE JURISDICTION

           CRIMINAL REVISION APPLICATION NO.360 OF 2016

Subhash Bhikaji Kulkarni                      ..     Applicant
     v/s.
The Nashik Road Deolali Vyapari
Sahakari Bank Ltd. And Anr.                   ..     Respondents
                                  ....
Mr. Kayval P. Shah, for Applicant in Revision and all Applications.

Ms. Shraddha Sawant, for Respondent No.1 in all matters.

Mr. Arfan Sait, APP, for State/Respondent.
                                  ....
                               CORAM: PRAKASH D. NAIK, J.

DATE : 25th JANUARY, 2024.

P.C:-

1. The Applicant was tried before the Court of learned J.M.F.C., 3rd Court, Nashik Road, Nashik, for offences under Sections 406, 408, 409 of the Indian Penal Code vide judgment and order dated 22nd April 2013, the Applicant was acquitted for all the offences.

The judgment of acquittal was challenged by the original complainant by preferring an appeal under Section 372 of the Code of Criminal Procedure before the Court of Sessions at Nashik, viz. Criminal Appeal No.73 of 2013. The learned Sessions Judge, vide judgment and order dated 14th June, 2016, set aside the judgment of acquittal. The

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Applicant was convicted for offence under Section 408 of the Indian Penal Code and sentenced to suffer R.I. for one year and to pay the compensation of Rs. 21,66,000/-.

2. The judgment and order dated 14th June, 2016 passed by appellate court is challenged in this revision application before this Court. on 24th June, 2016, the sentence was suspended till the next date. Vide order dated 6th October 2016 passed by this Court, the interim order was continued by permitting the learned Advocate for the Applicant to seek instructions about depositing the amount of compensation. Subsequently, the amount of Rs.10,50,000/- has been deposited by the Applicant into the account of the complainant.

3. Learned Advocate for the Applicant submitted that the trial court had acquitted the Applicant. The judgment is reversed by the appellate court. The judgment of appellate court suffers from serious infirmities. The Applicant has deposited the amount as aforesaid.

4. Learned Advocate for the Respondent complainant submitted that the Applicant has been convicted by the appellate court for an offence under Section 408 of the Indian Penal Code and there is sufficient evidence against the appellate court which has been considered by the Sessions Court.

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5. Considering the issues involved in the present case, the following order is passed:

(i)               Admit
(ii)              Call for record and proceedings.



                                               (PRAKASH D. NAIK, J.)




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