Ramdas Ananda Dalvi v. Nashik District Girna Co Operative Bank Ltd. Kalwan And ANR

GRM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 525 OF 2022 Ramdas Ananda Dalvi ... Applicant V/s.

Nashik District Girna Co-operative Bank Ltd. Kalwan & Anr.

... Respondents WITH CRIMINAL INTERIM APPLICATION NO. 4639 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 525 OF 2022 Ramdas Ananda Dalvi ... Applicant V/s.

Nashik District Girna Co-operative Bank Ltd. Kalwan & Anr.

... Respondents Ms. Rukmini Khairnar i/b Mr. Pratik Rahade, Adv. for the Applicant.

Mr. M. G. Patil, APP for the State/Respondent.

CORAM

: R. G. AVACHAT, J.

DATED : JANUARY 3, 2023 P.C. :

1.

Heard.

2.

Issue notice before admission.

3.

The applicant was convicted by the Trial Court for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to suffer simple imprisonment for six months and to pay the compensation of Rs. 1,65,000/- to the complainant and it be deposited in the Court

within one month from the date of order. In default of payment of compensation, the applicant shall suffer simple imprisonment for further two months. The Appellate Court has confirmed the order of conviction and the sentence as well. The applicant is therefore before this Court. The document is tendered across the bar to indicate that the applicant has deposited a sum of Rs. 1,50,000/- post conviction by the Trial Court. As such, a sum of Rs. 15,000/- appears to be outstanding. The applicant is therefore directed to deposit a sum of Rs. 50,000/-, Rs. 15,000/- towards the outstanding amount and Rs. 35,000/- towards cost of this proceeding within a period of four weeks.

4.

The applicant is behind bar. He be released on bail on furnishing PR Bond of Rs. 15,000/- (Rupees Fifteen Thousand Only) and Surety Bond in the like amount. In case of failure to deposit the amount within a time frame, the bail bond furnished by the applicant would stand cancel without reference to this Court.

5.

If the amount is deposited, the same be paid to the respondent/complainant.

6.

In view of the above, pending the revision, Criminal Interim Application No. 4639/2022 stands disposed of. 7.

Returnable after six weeks. Ad-interim relief to continue till then.

8.

Stand over to 14th February, 2023.

(R. G. AVACHAT, J.)