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Bombay High CourtAPPLN/1787/2025disposed off

Suhas Anantrao Dashrathe (Renuka Industries) v. Kailas Ramchandra Aher

2025-05-27Hon'Ble Shri Justice Rohit W. Joshi3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CRIMINAL APPLICATION NO. 1787 OF 2025 IN REVN/167/2025 Suhas Anantrao Dashrathe (Renuka Industries)

VERSUS

Kailas Ramchandra Aher ...

WITH CRIMINAL REVISION APPLICATION NO. 167 OF 2025 Suhas Anantrao Dashrathe (Renuka Industries)

VERSUS

Kailas Ramchandra Aher ...

Mr.Kulkarni Girish N. (Mardikar), Advocate for Applicant Mr. A. K. Gawali, Advocate for sole Respondent .....

CORAM : ROHIT W. JOSHI, J.

(VACATION COURT) DATED : 27th MAY, 2025 PER COURT :- CRIMINAL REVISION APPLICATION NO. 167 OF 2025 : 1.

Issue notice to the respondents, returnable on 30.09.2025. 2.

Mr. Gawali, waive service of notice for sole respondent. CRIMINAL APPLICATION NO. 1787 OF 2025 :

3.

This is an application for suspension of sentence and releasing the applicant on bail. Present applicant is convicted for the offence

-2punishable under Section 138 of the Negotiable Instruments Act, 1881. His appeal is also dismissed. The cheque amount is of Rs.45,00,000/-. Admittedly, a sum of Rs.9,00,000/- is paid by the applicant while the sentence was suspended in the appeal. An amount of Rs.36,00,000/- is outstanding towards the cheque amount which is obviously excluding the interest component. On instructions from the wife of the applicant, the learned counsel for the applicant makes a statement that the applicant shall deposit an amount of Rs.4,00,000/- with this Court on or before 31.05.2025 and balance amount of Rs.32,00,000/- will be deposited with this Court in eight equal installments of Rs.4,00,000/- each. The amount will be deposited on or before 15th day and last day of every succeeding month i.e. on or before 15.06.2025, 30.06.2025, 15.07.2025, 31.07.2025, 15.08.2025, 31.08.2025, 15.09.2025 and 30.09.2025.

4.

In view of the statement made, sentence imposed by the learned Additional Sessions Judge, Aurangabad by judgment dated 15.05.2025 in Criminal Appeal No.09 of 2023 and judgment of learned Judicial Magistrate First Class, Court No.10 Aurangabad dated 19.12.2022 in S.C.C. No.284 of 2017 is stayed and the applicant is released on bail till final disposal of Criminal Revision. Application stands disposed of.

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Liberty is granted to the respondent/original complainant to make application for withdrawal of the amount deposited. (ROHIT W. JOSHI, J.) Narwade/