Birmal Vasudev Bobade v. The State Of Maharashtra And Another

957-CRA-155-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 957 CRIMINAL APPLICATION NO. 1579 of 2022 IN CRIMINAL REVISION APPLICATION NO.154 OF 2022 WITH CRIMINAL APPLICATION NO. 1580 of 2022 IN CRIMINAL REVISION APPLICATION NO.155 OF 2022 BIRMAL VASUDEV BOBADE

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Advocate for Applicant : Mr. Shailendra S. Kulkarni Addl PP for Respondent No. 1: Mr. P.S. Patil Advocate for Respondent No. 2 : Mr. Nikhil S. Tekale ...

CORAM : S.G. DIGE, J.

(VACATION COURT) DATE : 24-05-2022 P.C. :

1.

The learned counsel for applicant submits that the applicant is ready to deposit 50% of the cheque amount as applicant is disputing the cheque amount. He further submits that applicant has already deposited an amount of Rs. 1,20,000/- before the trial Court.

2.

The learned counsel for respondent No. 2 - original complainant who has suo-moto appeared before this Court submits that there are concurrent findings of the Courts below against the applicant, hence, the applicant be directed to deposit the entire cheque amount.

957-CRA-155-22 3.

The applicant is disputing the cheque amount. He is ready to deposit 50% of the cheque amount. He has already deposited amount of Rs.1,20,000/- before the learned trial Court, hence, the applicant shall deposit amount of Rs.2,25,000/- including amount of Rs. 1,20,000/-. 4.

Accordingly, the criminal applications stand allowed. The substantive sentence of imprisonment imposed on the applicant-accused by the Court below is hereby suspended pending the Criminal Revision Applications. Meanwhile, the applicant accused be released on bail on furnishing PR bond of Rs. 20,000/- with one surety in like amount. Bail before the learned trial Court.

5.

The parties to act upon authenticated copy of this order. 6.

List Criminal Revision Application Nos. 154 and 155 of 2022 for hearing on 20-06-2022.

(S.G.DIGE) JUDGE mtk