Agrawal Traders, Sanjay Nandlal Agrawal And ANR v. Honesty Trading Company And ANR

Cri Appln No.6.2016.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLN/6/2016 IN REVN/3/2016 AGRAWAL TRADERS, SANJAY NANDLAL AGRAWAL AND ANOTHER

VERSUS

HONESTY TRADING COMPANY AND ANOTHER ...

Advocate for Applicants : Mr A G. Talhar APP for Respondents: Mr B.A.Shinde ...

CORAM : V.K. JADHAV, J.

Dated: January 07, 2016 ...

PER COURT :- 1.

The applicant/original accused was convicted by the Trial Court for the offence punishable under section 138 of the Negotiable Instruments Act and sentenced to suffer S.I. For two months and further directed to pay compensation of Rs.58,820/- to the complainant as per section 357(3) of the Code of Criminal Procedure within one month from the date of the order and in default to suffer S.I. for one month. Being aggrieved by the same, the accused preferred Criminal Appeal before the Sessions Judge, Jalgaon. The Sessions Judge, Jalgaon also confirmed the said judgment and order of conviction in Criminal Appeal No.123/2009.

2.

The applicant preferred Criminal Revision Application No.3980/2003 and present application is filed for suspension of the sentence imposed upon him and release on bail.

Cri Appln No.6.2016.odt 3.

Learned counsel submits that during the trial, the applicant was on bail and even during the pendency of the appeal, he was on bail. Hence, the applicant be released on bail. 4.

In view of this, following order.

O R D E R

1.

Criminal Application is hereby allowed.

2.

The Judgment and Order of conviction and sentence passed by the 6th Judicial Magistrate First Class, Jalgaon in SCC No.3980/2003 and confirmed by the Sessions Judge, Jalgaon in Criminal Appeal No.123/2009 is hereby suspended during pendency of Criminal Revision Application No.3/2016, on condition that the applicant Sanjay Nandlal Agrawal shall deposit 50% of the compensation amount, in this Court, within a period of four weeks from today. The applicant Sanjay Nandlal Agrawal be released on bail, on his furnishing a P.B. Of Rs.5,000/- (Rs. Five Thousand) with one surety of the like amount. 2.

Bail before the trial Court.

3.

Criminal Application is disposed of accordingly. ( V.K. JADHAV, J. ) ...

aaa/-