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2022 DIGILAW 695 (BOM)

Amit Suhas Mayekar v. Vishal Jaysing Nalage

2022-03-10

REVATI MOHITE DERE

body2022
ORDER 1. Interim Application No. 816/2022 is not on Board. Heard with Interim Application No. 814/2022, which is listed at serial No.35 on today's Board. 2. Heard learned counsel for the parties. 3. By these applications, the applicant seeks suspension of his sentence and enlargement on bail, pending the hearing and final disposal of the aforesaid revision. 4. The applicant, vide judgment and order dated 11th March 2016 passed by the learned Judicial Magistrate First Class, Dapoli in Summary Criminal Case No. 136/2014, has been convicted and sentenced as under : - for the offence punishable under Section 138 of the Negotiable Instruments Act, to suffer simple imprisonment for 1 year and to pay fine of Rs. 15,00,000/-, in default, to suffer simple imprisonment for three months. 5. The said judgment and order of conviction and sentence was partly modified/altered by the learned Additional Sessions Judge, Khed, Ratnagiri, vide judgment and order dated 11th February 2022 passed in Criminal Appeal No. 22/2016. By the said alteration, the learned Additional Sessions Judge directed the applicant to pay a fine of Rs. 15,00,000/- and compensation of Rs. 14,50,000/- to the respondent No.2- complainant. 6. Learned counsel for the applicant submits that out of the said amount of Rs. 15,00,000/- the applicant has deposited Rs. 3,50,000/- in the trial Court. Learned counsel for the applicant on the instructions of a relative of the applicant-Mr. Patekar, submits that insofar as, the balance amount of Rs. 11,50,000/- is concerned, the applicant will deposit the said amount in nine months from today. He submits that the applicant will file an appropriate affidavit-cum-undertaking, stating therein how the said balance amount would be deposited by him within nine months. Statement accepted. 7. In view of the aforesaid, in the meantime, till the next date, the applicant's sentence is suspended and he is enlarged on interim bail, on the following terms and conditions : ORDER (i) The applicant be released on cash bail in the sum of Rs. 10,000/-, for a period of six weeks; (ii) The applicant shall within the said period of six weeks, furnish P.R. Bond in the sum of Rs. 10,000/- with one or two local sureties in the like amount. 8. Issue notice to the respondents, returnable on 20th April 2022. Learned A.P.P waives notice on behalf of the respondent No.2-State. 10,000/-, for a period of six weeks; (ii) The applicant shall within the said period of six weeks, furnish P.R. Bond in the sum of Rs. 10,000/- with one or two local sureties in the like amount. 8. Issue notice to the respondents, returnable on 20th April 2022. Learned A.P.P waives notice on behalf of the respondent No.2-State. In addition to Court notice, applicant to serve the respondent No. 1 by Advocate's notice and file an affidavit of service before the returnable date. 9. Learned counsel for the applicant to supply spare copy in the Registry within one week from today, to enable the Registry to issue notice to the respondent No.1. 10. The applicant to file an appropriate affidavit-cum-undertaking, stating therein how the balance amount of Rs. 11,50,000/- will be deposited SQ Pathan 4/5 35-IA-814 & 816-2022.doc by him within nine months. The said affidavit-cum-undertaking to be filed on the next date. 11. Stand over to 20th April 2022. 12. All concerned to act on the authenticated copy of this order.