P. M. Poultry Farm, Through Its Proprietor, Pradip S/O Bhagirath Mandage v. M/S Suniket Trading Company, Through Its Properietory, Sanjay Mansukhlal Pipada And Another

1 909-appln 2961-2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 2961 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 262 OF 2022 P. M. Poultry Farm, through its Proprietor Pradip s/o Bhagirath Mandage .. Applicant

Versus

M/s Suniket Trading Company, Through its Proprietory Sanjay Mansukhlal Pipada and another .. Respondents Mr. Ujwal Subhash Patil, Advocate for the Applicant. Mrs. P. V. Diggikar, APP for Respondent No. 2. CORAM : KISHORE C. SANT, J.

DATED : 06th SEPTEMBER, 2022.

PER COURT :- 1.

Heard learned advocate for the applicant. The applicant has challenged the order passed by the learned Sessions Judge, Ahmednagar in Criminal Appeal No. 03/2021 thereby confirming the judgment and order passed by the learned Additional Chief Judicial Magistrate, Ahemednagar in S.C.C. No. 1920/2015 in the proceedings under Section 138 of the Negotiable Instrument Act. The applicant is directed to pay the compensation of Rs. 7,80,000/- (Rs. Seven Lakh Eighty Thousand only) to the complainant. He is also sentenced to suffer simple imprisonment for one (01) month. The applicant further

2 909-appln 2961-2022.odt states that on the date of decision of appeal itself, he is taken in custody on 01.09.2022 2.

Considering the short sentence it is desirable to release the applicant on bail subject to reasonable conditions. 3.

The learned advocate for the applicant states that he has already deposited 30% of the amount of compensation during the pendency of the appeal before the learned Sessions Court. He is ready to deposit 50% of the remaining amount within a period of eight (08) weeks from today.

4.

Subject to above condition, the applicant be released on bail on furnishing P. R. bond in the sum of Rs. 15,000/- (Rs. Fifteen Thousand only) and giving one solvent surety in the like amount. Failure to deposit of the amount as stated above, the bail shall stand cancelled. Bail to be furnished in the Trial Court.

5.

Criminal application is disposed of accordingly. 6.

Parties to act upon authenticated copy of this order. ( KISHORE C. SANT ) JUDGE P.S.B.