Rupesh Shantaram Patil v. Dilip Khandu Suryawanshi And Another

2025:BHC-AUG:27163 1 WP 140-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 140 OF 2025 RUPESH S/O. SHANTARAM PATIL

VERSUS

DILIP S/O. KHANDU SURYAWANSHI AND ANOTHER ...

Mr. Pradip N. Sonpethkar - Advocate for Petitioner Mr. S.M. Ghanachari - APP for Respondent No.2, State ...

CORAM

: SACHIN S. DESHMUKH, J.

DATE : 30.09.2025 O R D E R :

1.

The petitioner, who is convicted in a proceeding under Section 138 of the Negotiable Instruments Act, has challenged the conviction by filing appeal before the learned Additional Sessions Judge, wherein the petitioner sought suspension of the sentence imposed by the learned Judicial Magistrate. While considering the request, the Appellate Court directed the petitioner to deposit 30% of the amount. Aggrieved by the same, the petitioner approached this Court. While issuing notice, this Court directed the petitioner to deposit an amount of Rs.1,00,000/- (rupees One Lakh only) before the Appellate Court. It is informed by the learned Counsel for the petitioner that the said amount has been duly deposited.

2.

In the wake of the deposit of the aforesaid amount, the

2 WP 140-2025.odt requirement under Section 148 of the Negotiable Instruments Act stands satisfied.

3.

In light of the above, the petition is disposed of with liberty to the complainant to move an appropriate application for withdrawal of the deposited amount, which may be considered by the concerned Court on its own merits 4.

The Writ Petition is disposed of with aforesaid directions. 5.

No order as to costs.

[ SACHIN S. DESHMUKH ] JUDGE Pooja Kale/