Bombay High CourtAPPR/161/2016others disposed off

Upender R. Kothakonda v. Anuvrat Co.Op. Credit Society And ANR

2016-04-26Hon'Ble Shri Justice A.S. Gadkari2 pages

Nalawade A.S.

1 /2 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.161 OF 2016 IN CRIMINAL REVISION APPLICTION NO. 181 OF 2016 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Court's or Judge's orders Registrar's orders Mr. K.G.Pashte for the Applicant.

Mrs. Anamika Malhotra, APP. for the State.

CORAM : A.S.GADKARI, J.

DATE : 26th April,2016.

P.C.

This is an application for suspension of sentence and for releasing the applicant on bail.

2) The applicant has been convicted under Section 138 of the Negotiable Instruments Act and sentenced to suffer simple imprisonment for one month and to pay compensation of Rs.1,80,000/- to the complainant, in default of payment of compensation to suffer further simple imprisonment for one month by the Metropolitan Magistrate, 30th Court, Kurla, Mumbai in CC No.9938/SS/2010 by its Judgment and Order dated 13.10.2014. The Criminal Appeal No.1054/2014 preferred by the applicant has been dismissed by the learned Additional Sessions Judge, Greater Mumbai by its Judgment and Order dated 11.1.2016.

3) The learned counsel for the applicant submitted that during the pendency of the appeal the applicant has already deposited an amount of Rs.45,000/- in the registry of the Appellate Court. The substantive sentence

Nalawade A.S.

2 /2 imposed upon the applicant is of one month of simple imprisonment. 4) The substantive sentence imposed upon the applicant is hereby suspended during the hearing and final disposal of the present revision application subject to condition that applicant shall deposit an additional amount of Rs.1.00 lacs in the registry of the Appellate Court within a period of four weeks from today. If the applicant fails to comply with the afore stated condition, the suspension of sentence shall stand vacated without further reference to the court.

4) The applicant be released on bail on his furnishing PR bond of Rs.15,000/- with one or two local sureties in the like amount. 5) Application is allowed in the aforesaid terms. (A.S. GADKARI, J.)