Viraj S/O Gunwantrao Deoghare. v. Akhil S/O Krushnarao Borikar

2024:BHC-NAG:6499 4 revn.13.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL REVISION APPLICATION (REVN) NO.13 OF 2024 Viraj S/o. Gunwantrao Deoghare .Vs.

Shri Akhil S/o. Krushnarao Borikar _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr Bhushan Dafle, Advocate for the applicant CORAM :

G.A. SANAP J.

DATE :

JUNE 25, 2024 Heard.

2.

Issue notice to the respondent, returnable within four weeks.

3.

Call for record and proceedings.

CRIMINAL APPLICATION (APPR) NO. 21 OF 2024 4.

Heard.

5.

The applicant/accused, in proceeding filed under Section 138 of the N. I. Act, has been convicted and sentenced to suffer simple imprisonment for six months by the learned Magistrate and directed to pay compensation of Rs.2,00,000/-. In the appeal, learned

4 revn.13.2024.odt Assistant Sessions Judge, Nagpur has dismissed the appeal and confirmed the conviction and sentence. 6.

This is an application for suspension of sentence. Vide order dated 25.01.2024, the accused/applicant was directed to deposit compensation amount of Rs.2,00,000/-. He has deposited the amount of Rs.2,00,000/-. Perused the grounds of challenge to the impugned order. In my view, revision application will have to be heard finally on merit. Therefore, the prayer for suspension deserves to allowed. Accordingly, the application is allowed.

7.

The substantive sentence awarded by the learned Judicial Magistrate First Class, Nagpur and confirmed by the learned Additional Sessions Judge, Nagpur shall remain suspended during pendency of this appeal, subject to condition that the applicant shall furnish PR bond in the sum of Rs.15,000/- before the appellate Court.

8.

The criminal application stands disposed of, accordingly.

(G. A. SANAP, J) Namrata