Pushpabai W/O Kisanrao Bhojne v. Aabasaheb S/O. Waman Mahadhane And ANR.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 598 OF 2016 IN CRIMINAL REVISION APPLICATION NO. 31 OF 2016 PUSHPABAI W/O KISANRAO BHOJNE

VERSUS

AABASAHEB S/O. WAMAN MAHADHANE AND ANR.

...

Advocate for Applicant : Mr. Deshpande Jagdish V. APP for Respondent No.2: Mr. S.N. Kendre .....

CORAM : V. K. JADHAV, J.

DATED : 28th JANUARY, 2016 PER COURT:- 1.

The applicant is convicted by the learned J.M.F.C. for the offence punishable under section 138 of Negotiable Instruments Act by order dated 30.8.2010 in S.C.C. No. 300 of 2009 and sentenced to suffer S.I. for two months and pay compensation of Rs.1,50,000/- within a month i/d to suffer S.I. for 15 days. The learned Additional Sessions Judge, Aurangabad by order dated 8.1.2016 in Criminal Appeal No. 179 of 2010 confirmed the order of the trial court and dismissed the appeal accordingly.

2.

Learned counsel for the applicant submits that the applicant was on bail during trial and also during pendency of appeal before the Sessions Court. Learned counsel further submits that the applicant has deposited Rs.50,000/- before the Sessions Court during pendency of appeal and further the applicant is ready to deposit an amount of Rs.25,000/- before this court within a week from today.

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In view of the above, following order is passed:-

O R D E R

I.

The substantive part of sentence passed by the learned J.M.F.C. by order dated 30.8.2010 in S.C.C. No. 300 of 2009 and confirmed by the Additional Sessions Judge Aurangabad by order dated 8.1.2016 in Criminal appeal No. 179 of 2010 is hereby suspended.

II.

The applicant Pushpabai Kisanrao Bhojne shall deposit an amount of Rs.25,000/- in this court within a period of one week from today.

III.

Criminal application is disposed of.

( V. K. JADHAV, J.) rlj/