Paramjitsingh Chhatwal v. Suresh Chetwani And ANR

NISHA SANDEEP CHITNIS NISHA SANDEEP CHITNIS Date: 2022.04.01 11:18:04 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL INTERIM APPLICATION NO.1081 OF 2022 IN CRIMINAL REVISION APPLICATION NO.144 OF 2022 Paramjitsingh Chhatwal ...Applicant

Versus

Suresh Chetwani and Anr.

...Respondents

Mr. Akshay A. Deshmukh, for the Applicant.

None for the Respondent No.1.

Mr. H. J. Dedhia, A.P.P for the Respondent No.2- State. CORAM : REVATI MOHITE DERE, J.

DATE : 31st MARCH 2022 P.C. :

1.

By this application, the applicant seeks suspension of his sentence and enlargement on bail.

2.

The applicant vide Judgment and Order dated 22nd February 2017, passed by learned 4th Joint Judicial Magistrate, First Class, Pimpri, Pune, in Summary Case No.1940 of 2015, has been convicted for the alleged offence punishable under Section 138 of the Negotiable 1/4

Instruments Act and has been sentenced to suffer rigorous imprisonment for three months with fine of Rs.5,10,000/-, in default of payment of fine, to suffer simple imprisonment for three months. Out of the said fine amount of Rs.5,10,000/-, Rs.5,00,000/- was directed to given to the complainant as compensation. The said Judgment and Order of conviction and sentence was confirmed by the learned Additional Sessions Judge, Pune, in Criminal Appeal No.115 of 2017, vide Judgment and Order dated 22nd March 2022.

3.

Learned Counsel for the applicant, on instructions of the applicant's daughter - Simran Chhatwal, states that the applicant will deposit the compensation amount of Rs.5,10,000/- (after deducting the amount, if any, paid by the applicant during the pendency of the appeal), within eight week from today i.e. Rs.2,30,000/- within four weeks from today and the balance Rs.2,30,000/- within four weeks thereafter. Statement accepted. He submits that the applicant will file an affidavitcum-undertaking to that effect in this Court, within two weeks of his release.

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4.

In view of the aforesaid, issue notice to the respondents, returnable on 4th May 2022. Learned APP waives notice on behalf of the respondent No.2 -State. In addition to Court notice, applicant, to serve the respondent No.1, by private notice and file affidavit of service before the next date.

5.

Learned Counsel for the applicant to supply spare copy in the Registry, if not supplied, within one week from today, to enable the Registry to issue notice to the respondent No.1. 6.

In view of the aforesaid statement made by the learned counsel for the applicant, on instructions of the applicant's daughter, the applicant's sentence is suspended and he is granted interim bail, till the next date, on the following terms and conditions:

ORDER

i) The Applicant be released on cash bail in the sum of Rs.10,000/-, for a period of six weeks;

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ii) The Applicant shall within the said period of six weeks, furnish P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount.

7.

Stand over to 4th May 2022.

8.

All concerned to act on the authenticated copy of this order. REVATI MOHITE DERE, J.

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