Manoj Laxmidas Dhirwani v. Vaishnavi Vijay Hegiste 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.109 OF 2016 IN CRIMINAL REVISION APPLICATION NO.120 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Priti Chavan for the Applicant.

Mr.A.S.Shitole, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 14th March, 2016 P.C.

This is an application for suspension of sentence imposed upon the applicant by the Metropolitan Magistrate, 28th Court Esplanade, Mumbai by Judgment and order dated 30.7.2013 thereby convicting the applicant under Section 138 of the Negotiable Instruments Act and sentenced him to suffer simple imprisonment for 6 months. The trial court has also directed the applicant to pay compensation of Rs.3.50 lacs and in default of payment of compensation to further suffer simple imprisonment for 3-months. The appeal preferred by the applicant has been dismissed by the Sessions Court, Mumbai by Judgment and order dated 9.2.2016 in Criminal Appeal No.463/2013.

2) The Learned counsel for the applicant submitted that during the pendency of the appeal her client has deposited an amount of Rs.70,000/- in the registry of Sessions Court, Mumbai.

Nalawade A.S.

2 /2 3) The substantive sentence imposed upon the applicant is hereby suspended subject to condition that the applicant shall deposit the balance amount of Rs.2,80,000/- in the registry of the Sessions Court, Mumbai within a period of two weeks from today. If the applicant fails to deposit the balance amount as stated herein above, the suspension of sentence shall stand vacated without further reference to the court.

2) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)