K. Rangarajan v. Bhagwandas Kisanlal Gandhi

2024:BHC-NAG:4453 10 crwp79.24 +2.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL WRIT PETITION NO.79 OF 2024 Rangarajan Karivaratrajan Vs. Pradeep Vallabhdas Rathi WITH CRIMINAL WRIT PETITION NO.80 OF 2024 K. Rangarajan Vs. Bhagwandas Kisanlal Gandhi WITH CRIMINAL WRIT PETITION NO.81 OF 2024 K. Rangarajan Vs. Bhagwandas Kisanlal Gandhi __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri U.J. Deshpande, Advocate for petitioner. Shri P.K. Mohta, Advocate for respondent.

CORAM :

M.W. CHANDWANI, J.

DATE : APRIL 17, 2024.

Heard learned counsel for the petitioner as well as learned counsel for the respondent.

2.

The learned Additional Sessions Judge, Malkapur, District Buldhana vide its order dated 24.11.2023 has suspended the sentence passed in Summary Criminal Case Nos.10/2017, 99/2017 and 66/2017 on the condition of petitioner depositing 20% cheque amount within a period of 60 days from the date of the order.

3.

Both the learned counsel in ad idem submit that order directing to deposit 20% of the cheque amount cannot be made condition precedent for suspending the sentence.

10 crwp79.24 +2.odt 4.

This Court accepted the statement made by the learned counsel for the parties. To that extend the petitions succeed. It is however made it clear that order directing the petitioner to deposit 20% of the cheque amount is no way modified or altered but the same shall not be termed as condition precedent for suspension of sentence. 5.

The appellate Court shall see that the appeal shall be disposed of as expeditiously as possible and preferably within two months.

6.

With this, writ petitions are disposed of.

JUDGE Wagh