Virendra Prasad Feku Yadav v. Hiralal Vishwanath Gupta And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE SIDE CRIMINAL APPLICATION NO.371 OF 2016 IN CRIMINAL REVISION APPLICATION (ST) NO.392 OF 2016 Virendra Prasad Feku Yadav ...

Applicant V/s.

Hiralal Vishwanath Gupta & Anr.

...

Respondents .....

Mr.Pawan Mali with Mr.Runal V. Watulkar, Advocate for the Applicant. Mr.Sandip J. Ghogare, Advocate for the Respondent No.1. Mr.A.R.Kapadnis, APP for the Respondent/State. ....

CORAM :

P. N. DESHMUKH J.

DATED :

15th OCTOBER 2016.

P.C.

Heard.

Learned counsel for applicant seeks suspension of substantive sentence imposed upon applicant under Section 138 of Negotiable Instruments Act, 1881 and for release on bail contending that amount of cheque involved Rs.2,35,000/- and is willing to deposit the entire amount of cheque and thus prays that the application be allowed.

Record reveals that applicant came to be convicted, as aforesaid, and is sentenced to suffer simple imprisonment for three months and is directed to pay fine of Rs.2,35,000/-along with 9% 1/3

simple interest from 20th February 20096 till actual realization and cost of proceedings to the extent of Rs.6,800/-.

Appeal preferred came to be dismissed by the learned Sessions Judge on 25th January 2016 and on an application made by complainant order is passed by the learned Metropolitan Magistrate Court issuing non-bailable warrant against the applicant, which is stated to be not executed.

Having considering the fact that applicant was on bail pending trial as well as appeal and as applicant has already expressed his willingness to deposit Rs.2,35,000/- which is the basic cheque amount, and has also obtained Draft valued for said amount issued against Abhyudoy Co-operative Bank, Application is allowed as per order below :

(i) Applicant shall be released on bail on his executing personal bond in the sum of Rs.20,000/- with one surety in the like amount.

(ii) Applicant shall mark his presence with Sewree Police Station, Mumbai once in six months on first day of each such month (iii) Applicant shall supply true copies of residential proof to concerned police station and in the event of change of his residence shall update the same.

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(iv) Applicant shall deposit Demand Draft valued for Rs.2,35,000/- in the Registry of this Court.

Registry to accept the Demand Draft of Rs.2,35,000/- (P. N. DESHMUKH J.) 3/3