Bombay High CourtAPPR/125/2016

Avinash Madhav Vaity v. Sahebrao Sakharam Gawade And ANR

2016-03-15Hon'Ble Shri Justice A.S. Gadkari2 pages

Dond 1/2 appr.125-2016.sxw FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 125 OF 2016 IN REVISION APPLICATION NO. 136 OF 2016 ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders.

----------------------------------------------------------------------------------------------------------------- Mr. S.B. Shelar for applicant Ms. Anamika Malhotra,APP for State.

CORAM : A.S. GADKARI, J.

DATE : 15th March 2016.

P.C.:

1] This is an application for suspension of substantive sentence imposed upon the applicant and for releasing him on bail. 2] By its judgment and order dated 23.1.2015 passed in SCC No.3207 of 2011 by the 4th Judicial Magistrate First Class, Thane, convicted the applicant under Section 138 of the Negotiable Instruments Act and sentenced him to suffer simple imprisonment for three months. The Trial Court also directed the applicant to pay compensation of Rs.8 lacs to the complainant and in default of payment of compensation to further undergo simple imprisonment for four months. The appeal preferred by the applicant bearing No.38 of 2015 has been dismissed by the Appellate Court by its Judgment and Order dated 7th December 2015.

Dond 1/2 appr.125-2016.sxw 3] The learned Counsel for the applicant submitted that during the pendency of the appeal, his client has deposited in all Rs.2,50,000/- in the Registry of the Appellate Court.

4] As the substantive sentence imposed upon the applicant is simple imprisonment for three months, the said sentence is hereby suspended subject to condition that the applicant shall deposit an amount of Rs.4 lacs in the Registry of the Appellate Court within a period of three weeks from today. If the applicant fails to deposit the said amount within the aforestated stipulated period, the suspension of the substantive sentence shall stand vacated without further reference to this Court. 5] The Criminal Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)