Hema Dinesh Parikh v. Vidyanath Cooperative Bank Ltd., (Ahmednagar Branch) Through Sitaram Vaidyanath Ravanware

2024:BHC-AUG:10433 1 cri appln 2066.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2066 OF 2024 IN CRIMINAL REVISION APPLICATION NO. 146 OF 2024 Hema Dinesh Parikh .. Applicant

Versus

Vidyanath Cooperative Bank Ltd.

Ahmednagar Branch through Sitaram Vaidyanath Ravanware .. Respondent Shri Parag V. Barde, Advocate for the Applicant. CORAM : SHAILESH P. BRAHME, J.

(VACATION COURT) DATE : 30TH MAY, 2024.

FINAL ORDER :

.

Heard learned counsel Mr. Parag Barde for applicant. This application is for suspension of sentence of simple imprisonment of two months and payment of compensation of Rs. 90,000/- (Rs. Ninety thousands only). Applicant was convicted by trial court for the offence punishable U/Sec. 138 of the Negotiable Instruments Act. Being aggrieved Criminal Appeal No. 192 of 2022 was preferred by her, which was dismissed on 26.04.2024. She is assailing concurrent findings of facts. 2.

Learned counsel for the applicant submits that while releasing her on bail a condition was imposed and accordingly an

2 cri appln 2066.24 amount of Rs. 18,000/- (Rs. Eighteen thousands only) was deposited. Presently applicant is behind bars and seeking suspension of substantive sentence. Considering the nature of offence and the quantum of sentence, I am inclined to grant suspension to the sentence.

3.

Criminal application is allowed in terms of prayer clause 'B' on condition that applicant shall furnish personal bond of Rs. 10,000/- (Rs. Ten thousands only) with one solvent surety of like amount. Additionally, applicant shall deposit an amount of Rs. 32,000/- (Rs. Thirty Two thousands only) in the Trial Court within a period of two (02) weeks from today. Criminal application is disposed of.

[ SHAILESH P. BRAHME, J. ] bsb/May 24