Sandesh Travels, Through Its Proprietor, Sudhir Sanpat Yadav v. Jagdish Tyres , Through Its Proprietors, Jagdish Manikrao Sasane And ANR
905_appr_130_15 in revn_145_15.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.130 OF 2015 IN CRIMINAL REVISION APPLICATION NO.145 OF 2015 Sandesh Travels through its proprietor, Sudhir Sampat Yadav.
...Applicant (original accused)
Versus
Jagdish Tyres & Anr.
...Respondents
------ Mr. S.S. Kanetkar for Applicant.
Smt. A.A. Mane, APP for Respondent No.2-State. CORAM:-M.L. TAHALIYANI, J.
DATED :8th APRIL, 2015.
P.C.
Heard learned Advocate for the Applicant and learned APP for the Respondent No.2-State.
2.
Admitted. Heard finally.
3.
This is an application for grant of bail and suspension of sentence. The Applicant has been convicted for the offence punishable under section 138 of the Negotiable Instruments Act and is sentenced to suffer SI for one year and to pay a fine of Rs.3,000/-. The amount of cheque in question was Rs.1,51,150/-. megha Page No.1 of 2
905_appr_130_15 in revn_145_15.doc 4.
Considering the amount of cheque and the fact that notice has been issued to the original complainant in revision application, I am inclined to grant bail to the Applicant (convicted accused). 5.
The Applicant be released on bail in the sum of Rs.5,000/- (Rupees Five Thousand only) with one solvent surety in the like amount or cash bail deposit of Rs.5,000/- in lieu of surety. 6.
Substantive sentence imposed on the Applicant shall remain suspended during the pendency of the revision application. 7.
The Applicant shall deposit Rs.75,000/- in Trial Court within two weeks from today. If the said amount is not deposited within two weeks, the order of bail shall stand revoked without further reference to the Court and the Magistrate will be at liberty to take further action in accordance to the final order passed by him and confirmed by the Appellate Court.
8.
This application stands disposed of accordingly. (JUDGE) megha Page No.2 of 2