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Bombay High CourtIA/84/2022disposed off

Onkar Ramchandra Athawale Prop. Of M/S. Bhima Colour Cartoons v. Awade Industries Private Limited And ANR.

2023-10-06Hon'Ble Shri Justice R. N. Laddha2 pages

Digitally signed by CHITRA SANJAY SONAWANE Date:

2023.10.06 18:43:56 +0530 CHITRA SANJAY SONAWANE Chitra Sonawane IA-84-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.84 OF 2022 IN CRIMINAL REVISION APPLICATION NO.41 OF 2022 Shri Onkar Ramchandra Aathawale ....

Applicant.

Vs.

Awade Industries Private Ltd. & Anr.

....

Respondents.

Mr Vivek Patil, Advocate i/b Mr Sidheshwar N. Biradar for the Applicant.

Mr Prajakt M. Arjunwadkar, Advocate for Respondent No.1. Ms MR Tidke, APP for State.

Coram: R.N.Laddha, J.

Date : 6 October 2023 P.C. :

This is an application for suspension of sentence and for grant of bail, pending the hearing and final disposal of the aforesaid Revision Application.

2.

The applicant by a judgment and order dated 16 January 2020 passed by the learned Judicial Magistrate First Class, Ichalkaranji, in Summary Criminal Case No.1202 of 2014 has been convicted and sentenced to suffer simple imprisonment for six months and to pay compensation of Rs.5,12,858/- to the Page No. 1 of 2 ____________________________________________ 6 October 2023

Chitra Sonawane IA-84-2022.doc Respondent No.1/ original complainant and in default, to further undergo simple imprisonment for one month. In a criminal appeal bearing No.6 of 2020, the learned Additional Sessions Judge confirmed the conviction under section 138 of the Negotiable Instruments Act, 1881, and sentenced awarded by the trial Court, however, set side the direction to pay compensation to the complainant/ Respondent No.2.

3.

Considering the nature of the accusations, pending the hearing and final disposal of the criminal revision application, the applicant's sentence is suspended and he is enlarged on bail on executing personal bond of Rs.10,000/- with one or two sureties in the like amount within a period of two weeks from today. 4.

The interim relief granted earlier, if any, shall continue to operate till then.

5.

The interim application stands disposed of accordingly. [R.N. Laddha, J.] Page No. 2 of 2 ____________________________________________ 6 October 2023