Brijesh Singh v. Mahesh Bansidhar Agarwal And ANR

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.217 OF 2016 IN CRIMINAL APPEAL NO.240 OF 2012 Brijesh Singh ....

Applicant

Versus

Mahesh Bansidhar Agarwal & Anr.

....

Respondents Mr. V.C. Cantraeta a/w. Mr. Gaurav Gadodia, for the Applicant.

Mrs. A.A. Mane, A.P.P., for the RespondentState. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 23 RD MAY 2016.

[ VACATION COURT ] P.C. :

1.

The Applicant has preferred this Bail Application during pendency and disposal of the Revision Application preferred by him challenging the Judgment of the Sessions Judge, Thane, in Criminal Appeal No.240 of 2012 dated 8th January 2016, thereby confirming conviction of the Applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, as recorded by the Court of Judicial Magistrate, First Class, Thane.

2.

By the impugned Judgment, the Trial Court has convicted the Applicant for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to suffer imprisonment of three 1/2 APPR-217-16==.doc

months and to pay compensation amount of Rs.2,00,000/-. It is submitted by learned counsel for the Applicant that, out of the amount of Rs.2,00,000/-, Rs.50,000/- have already been deposited in the Trial Court and out of the remaining amount of Rs.1,50,000/-, Applicant is ready to deposit the amount of Rs.1,00,000/- in the Trial Court within a period of four weeks from today.

3.

In view thereof, this Criminal Application is allowed. 4.

The Applicant be released on furnishing P.R. Bond of Rs.20,000/-, with one or two sureties in the like amount, subject to condition that he shall deposit an amount of Rs.1,00,000/- in the Trial Court within a period of four weeks from today.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2 APPR-217-16==.doc