Ram Sundarlal Gujrathi v. Om Shanti Nagri Sahakari Patsanstha Maryadit Through Its Manager Rajesh Damodardas Gujrathi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CRIMINAL APPLICATION NO. 584 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 57 OF 2022 RAM SUNDARLAL GUJRATHI

VERSUS

OM SHANTI NAGRI SAHAKARI PATSANSTHA MARYADIT THROUGH ITS MANAGER RAJESH DAMODARDAS GUJRATHI Smt. Rashmi S. Kulkarni, Advocate for the applicant CORAM : M. G. SEWLIKAR, J.

DATED : 15th February, 2022 PER COURT :- 1.

Heard learned counsel Smt. Kulkarni for the applicant. She has invited the attention of this Court to the cross-examination of the respondent. It appears that the respondent had admitted in the cross-examination that the applicant had intimated by the letter Exhibit 61 in the record of learned trial Court that he had given them 10 cheques. The respondent has also admitted that on Exhibit 22 name of the drawee is not mentioned. It appears that blank cheques were given by the applicant to the respondent. 2.

Learned counsel Smt. Kulkarni for the applicant

submits that applicant is in ICU and he is suffering from IHD (Ischemic Heart Disease) with Hypertension. She has produced a medical certificate issued by the Government Hospital. She further submits that she has instructions that the applicant will be referred to JJ Hospital, Mumbai for treatment.

3.

In view of this and also considering that the applicant is in ICU, I deem it appropriate to suspend the sentence. Learned counsel Smt. Kulkarni submits that she is ready to deposit Rs.6 lakhs within two months. In view of this following order is passed.

ORDER

1.

Substantive sentence is suspended till the disposal of the revision subject to the applicant depositing Rs.6 lakhs. Out of the said amount Rs.3 lakhs be deposited within a week and remaining Rs.3 lakhs be deposited within a month.

2.

Applicant be released on bail on his furnishing PR

bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount.

3.

Learned counsel Smt. Kulkarni for the applicant states that she is ready to deposit the amount in this Court. 4.

Registry to accept if it is deposited in this Court. 5.

Criminal Application is disposed of.

[M. G. SEWLIKAR, J.] ssp