Mother Shikshan Prasarak Mandal Thru. President Smt. Khatija Begum v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

APPELLATE SIDE JURISDICTION CRIMINAL APPLICATION NO.:6076 OF 2015 IN CRIMINAL REVISION APPLICATION NO.:209 OF 2015 Mother Shikshan Prasarak Mandal, Through President Smt. Khatija Begum

VERSUS

The State of Maharashtra and another *** Mr. A. K. Bhosale, i/b Mr. Satej S. Jadhav, Advocate for Applicant. Mr. A. R. Kale, A.P.P. for Respondent No.1 ...

CORAM :

INDIRA K. JAIN, J.

DATE :

07th December, 2015.

ORAL ORDER:

.

Applicant is President of Mother Shikshan Prasarak Mandal. She was convicted under Section 138 of the Negotiable Instruments Act vide judgment and order dated 26th July, 2010 passed by learned Judicial Magistrate First Class, Chalisgaon in SCC No.24 of 2004 and sentenced to suffer simple imprisonment for one year. She was also directed to pay compensation of Rs.1,50,000/- to the Complainant in view of the provisions of Section 357 (3) of the Code of Criminal Procedure in default, to suffer simple imprisonment for two months.

Being aggrieved by the judgment and order of conviction and sentence Applicant challenged the same in Criminal Appeal No.84 of 2010. The learned Sessions Judge, Jalgaon vide order dated 31st October, 2015 maintained the order of conviction and compensation. However, order of sentence was reduced to three month from one year. The judgments and orders of conviction and sentence passed by the Courts below are the subject matter of Revision before this Court. Mr. A. K. Bhosale, holding for Mr. Satej S. Jadhav, learned counsel for Applicant submitted that entire amount of compensation to the tune of Rs.1,50,000/- has been deposited. The statement of learned counsel is taken on record.

Since amount of compensation has been deposited execution and operation of substantive sentence of imprisonment is suspended till the decision of Criminal Revision Application No.209 of 2015 on Applicant is furnishing P.R. and S.B. of Rs.15,000/- (Rupees Fifteen Thousand Only) each.

Criminal Application No.6076 of 2015 stands disposed of in the above terms.

Parties to act on the authenticated copy of this order. [ INDIRA K. JAIN, J. ] ndm