Kishore Vrajlal Shah @ Thosani v. The State Of Maharashtra And ANR

Nalawade A.S.

1 /2 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.71 OF 2016 IN CRIMINAL REVISION APPLICATION NO.68 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Milan Desai i/by A.M.Desai for the Applicant. Smt.S.V.Gajare, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 14th March, 2016 P.C.

The applicant has been convicted by Metropolitan Magistrate, 14th Court, Girgaum, Mumbai under Section 138 of the Negotiable Instruments Act and has been sentenced to suffer simple imprisonment for 2-months and to pay a fine of Rs.10,000/-, in default of payment of fine to suffer further imprisonment of one month. The applicant has also been ordered to pay compensation of Rs.1,03,000/- to the complainant. The appeal preferred by the applicant has been dismissed by the Additional Sessions Judge, Greater Mumbai by its Judgment and order dated 19.12.2015 in Criminal Appeal No.143/2010. The learned counsel for the applicant submitted that his client has already deposited an amount of Rs.25,000/- out of the amount of compensation in the registry of the Sessions Court, Mumbai during the pendency of the appeal.

Nalawade A.S.

2 /2 2) The sentence imposed upon the applicant is hereby suspended subject to condition that the applicant shall deposit balance amount of Rs.78,000/-within a period of two weeks from today in the registry of the Sessions Court, Greater Mumbai. If the applicant fails to deposit the said amount within a period of two weeks from today as stated above, the suspension of sentence shall stand vacated without further reference to the court. 3) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)