Shishir Jayantilal Sethia vs State Of Maharashtra
2024 Latest Caselaw 539 Bom

Bombay High Court

Shishir Jayantilal Sethia vs State Of Maharashtra on 10 January, 2024

Author: Prakash D. Naik

Bench: Prakash D. Naik

                                                           11-REVN(ST)-742-2024.doc




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    CRIMINAL APPELLATE JURISDICTION

         CRIMINAL REVISION APPLICATION(ST) NO. 742 OF 2024
                              WITH
                INTERIM APPLICATION NO.104 OF 2024

 Shishir Jayantilal Sethia                               ...Applicant

           Versus

 The State of Maharashtra & Anr.                         ...Respondents

                                         ....
 Mr. Santosh S.K. a/w Ms. Akshada Pasi, Advocate for the Applicant.
 Mr. Rahul Chaubey for Respondent No.2.
 Mr. S.R. Agarkar, APP for the Respondent No.1 - State.

                                         ....

                           CORAM   :        PRAKASH D. NAIK, J.

                           DATE    :        10th JANUARY, 2024.

 P.C.:

 1.        The applicant is challenging the Judgment of conviction.

 The applicant has been convicted for an offence under Section 138

 of the Negotiable Instruments Act vide Judgment and order dated

 20th March 2021 passed by the Court of learned Metropolitan

 Magistrate, Mazgaon (Sewree), Mumbai and sentenced to suffer

 simple imprisonment for three months and to pay compensation of

 Rs.13,00,000/-.




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 2.        The appeal preferred by the applicant has been dismissed

 vide Judgment and order dated 02nd August, 2023 passed by the

 learned Special Judge under POCSO Act, Gr. Bombay. The applicant

 is taken in custody on 02nd January 2024.

 3.        It is submitted that the parties have settled the dispute.

 Although the compensation amount is of Rs.13,00,000/-, it is

 agreed between the parties that the accused shall pay amount of

 Rs.7,00,000/-. The applicant has paid an amount of Rs.1,00,000/-

 to the complainant. Learned Advocate for the applicant haded over

 the Demand Draft of Rs.3,00,000/- towards the compensation

 amount to the learned Advocate for the Complainant. It is agreed

 between the parties that towards the balance amount of

 Rs.3,00,000/-, Advocate for the applicant is handing over the post

 dated cheques to the Advocate for the Complainant.

 4.        Considering these circumstances and since the applicant is in

 custody, interim relief can be granted by suspending the sentence.

                                    ORDER

i. Issue notice to Respondent No.2, returnable on 8 th February 2024. Learned Advocate Mr. Chaubey waives notice for Respondent No.2.

ii. In the meantime the sentence of imprisonment imposed vide Judgment and order dated 20 th March 2021

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11-REVN(ST)-742-2024.doc

passed by the Court of learned Metropolitan Magistrate, Mazgaon (Sewree), Mumbai and confirming by the Court of learned Special Judge under POCSO Act, Gr. Bombay. in Criminal Appeal No.155 of 2021 vide Judgment and order dated 02.08.2023 is suspended and the applicant is directed to be released on bail on executing P.R. Bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

iii. The applicant is permitted to furnish cash bail in the sum of Rs.20,000/- for a period of four weeks in lieu of surety.

iv. Parties to act upon authenticated copy of the said order.

                                                   (PRAKASH D. NAIK, J.)




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