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2018 DIGILAW 2415 (BOM)

Rajendra v. Satish @ Jitendra

2018-10-05

SANGITRAO S.PATIL

body2018
ORDER Sangitrao S. Patil, J. - Leave to correct the description of the cause title of Revision Application is granted. 2. The applicant has challenged his conviction for the offence punishable under section 138 of the Negotiable Instruments Act, 1881, for which he has been sentenced to suffer rigorous imprisonment for three months and to pay compensation of Rs. 3,00,000/to the complainant, in default of payment of compensation, to suffer simple imprisonment for one month. 3. The learned counsel for the applicant submits that the applicant has challenged his conviction and sentence on various legal as well as factual grounds. He is hoping for success in the Revision Application. He has deposited Rs. 75,000/out of the cheque amount of Rs. 3,00,000/, on 19.01.2012. He, therefore, prays that the Criminal Revision Application may be admitted and the execution of the impugned order may be stayed. 4. Perused the grounds raised in the Criminal Revision Application. The applicant will have to be given an opportunity to substantiate those grounds before this Court. He has deposited 25% of the cheque amount. In the circumstances, I think fit to admit the Criminal Revision Application and suspend the substantive sentence passed against the applicant during pendency of the Criminal Revision Application. Since the applicant has deposited 25% of the cheque amount, the order directing him to deposit Rs. 3,00,000/also will have to be stayed. In the result, I pass the following order. ORDER (i) Admit Criminal Revision Application. (ii) Issue notice to the respondent. (iii) In addition to regular mode of service, the petitioner shall serve the respondent by private notice by any permissible mode of service and file service affidavit before the next date. (iv) The substantive sentence of imprisonment passed against the applicant shall remain suspended during pendency of the Criminal Revision Application, on his executing bail bonds in the sum of Rs. 15,000/( Fifteen Thousand) with a solvent surety in like amount. (v) The impugned order directing the applicant to pay Rs. 3,00,000/towards compensation to the complainant is stayed. (vi) Bail bonds shall furnish before the Trial Court. (vii) Criminal Application No.2806 of 2018 is disposed of accordingly. (viii) Call Record and Proceedings and paperbook. (ix) Stand over to 01.11.2018.