Baliram Shamrao Ghavane v. Bhaskar Amrutrao Kale And Another
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.3337 OF 2021 IN CRIMINAL REVISION APPLICATION NO.205 OF 2021 Baliram s/o. Shamrao Ghavane Age : 48 years, Occu : Agri, R/o. Shirala, Tal. & Dist. Latur .. Applicant
Versus
1.
Bhaskar Amrutrao Kale Age : 60 years, Occu : Agri, R/o. Shirala, Tal. & Dist. Latur 2.
The State of Maharashtra .. Respondents ...
Advocate for the Applicant : Mr. N.D. Kendre APP for Respondent No.2 / State : Mr. S.G. Sangle ...
CORAM
: S. G. DIGE, J.
(Vacation Court) DATE : 28-12-2021 PER COURT :
1.
The learned Advocate for the applicant submits that revision applicant has deposited an amount of Rs.25,000/- before the Sessions Court. He is in jail since 20-12-2021. Hence, requested to pass appropriate order.
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2.
The learned APP submits that revision applicant be directed to deposit entire cheque amount. The revision applicant is convicted under Section 138 of the Negotiable Instruments Act and sentenced him to pay a fine of Rs.50,000/- in default to suffer simple imprisonment for one month. The learned APP, therefore, prayed to reject the application.
3.
As the revision applicant has deposited an amount of Rs.20,000/- before the Sessions Court, I pass the following order.
ORDER
(i) Criminal Application is allowed.
(ii) The conviction awarded to the applicant vide Judgment and order dated 11/10/2018 passed by the learned Judicial Magistrate First Class (Court No.2), Latur in S.C.C. No.1065 of 2012 and confirmed by the learned Additional Sessions Judge, Latur vide its Judgment and order dated 20/12/2021 in Criminal Appeal No.37 of 2018, is hereby suspended till the hearing and conclusion of Criminal Revision Application No.205 of 2021.
(iii) The applicant-accused shall be released on bail on executing a P.R. Bond of Rs.20,000/-(Rs. Twenty Thousand only) with one surety
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in the like amount before the trial Court.
(iv) Criminal Application stands disposed of. ( S. G. DIGE ) JUDGE