Parvati Stone Suppliers v. Warna Sahkari Bank Limited
2022-03-02
REVATI MOHITE DERE
body2022
DigiLaw.ai
ORDER 1. Heard learned Counsel for the applicant. 2. By this application, the applicant seeks suspension of his sentence and enlargement on bail. 3. The applicant vide Judgment and Order dated 18th December, 2015, passed by the learned 7th Judicial Magistrate First Class, Kolhapur in S.C.C. No. 2696 of 2014, has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act. The applicant has also been directed to deposit compensation of Rs.2,79,192/-, in default to suffer simple imprisonment for three months. The said Judgment and Order of conviction and sentence has been confirmed by the Appellate Court i.e. learned Additional Sessions Judge, Kolhapur vide Judgment and Order dated 12th January, 2022 in Criminal Appeal No. 13 of 2016. 4. Learned Counsel for the applicant has tendered an affidavit- cum-undertaking of the applicant dated 28th February, 2022. The same is taken on record. In the said affidavit, the applicant has stated that he has deposited an amount of Rs.83,758/- out of Rs.2,79,192/- (inadvertently mentioned in para 3 as 'Rs.83,758/- out of Rs.1,95,434/-') in the Sessions Court at Kolhapur. In para 5, the applicant has undertaken to deposit the balance compensation of Rs.1,95,434/- in the Registry of this Court within eight weeks from today. 5. Having regard to the affidavit-cum-undertaking, the applicant's sentence is suspended and he is granted interim bail, till the next date, on the following terms and conditions : ORDER (i) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs.10,000/- with surety in the like amount. 6. Issue notice to the respondents returnable on 12th April, 2022. Learned APP waives notice on behalf of the Respondent No.2/State. In addition to Court notice, learned Counsel for the applicant to serve the respondent No.1 by Advocate's notice and file affidavit of service before the next date. 7. Spare copy to be supplied in the Registry of this Court within one week from today, so as to enable the Registry to issue notice to respondent No.1. 8. Stand over to 4th May, 2022 for recording compliance of the deposit.