Rambhau S/O Daulatrao Patil v. State Of Mah. Thr. Pso Ps Akola Dist.Akola And Another

2023:BHC-NAG:14425 1 apl 614.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Criminal Application (APL) No.

of 20 [Rambhau S/o. Daulatrao Patil ..vs.. State of Maharashtra, through P.S.O., P.S. Akola, Dist. Akola and anr.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S. V. Sirpurkar with Mr. S. R. Agrawal, Advocates for the applicant Mr. A. R. Chutake, APP for the State/non-applicant no. 1 Mr. M. A. Deo, Advocate for non-applicant no. 2 CORAM : ANIL L. PANSARE J .

DATED : 3-10 -202 On previous date, following order was passed. "Heard.

2.

The challenge is to the order dated 13/3/2023 passed by the learned Additional Sessions Judge, Akola below Exhibit-16 in Criminal Appeal No. 25/2023. The Applicant/original Accused No.2 and the co-accused in the proceedings filed by the Respondent No.2/ Complainant before the learned Additional Chief Judicial Magistrate, Akola under Section 138 of Negotiable Instruments Act (In short, 'the N. I. Act') have been convicted by the learned Additional Chief Judicial Magistrate for the said offence vide Judgment and order dated 9/1/2023 in Summary Criminal Case No. 1769/2004 and sentenced to suffer simple imprisonment for six months and directed them to pay compensation of Rs. 6,00,000/-. The said Judgment has been challenged by the Applicant as well as co-accused but by filing two separate appeals. The Appeal filed by the Applicant is registered as Criminal Appeal No. 25/2023.

3.

The Applicant preferred an application under Section 389 of the Code for suspension of sentence. The Applicant offered to deposit 20% of the compensation amount, but later on realized

2 apl 614.2023.odt that the co-accused has also offered to pay 20% of compensation amount and the appellate court has suspended the sentence of both the Accused by directing them to deposit 20% each of the compensation amount awarded by the trial court. The Applicant has then filed application (Exh.16) for relaxation of the condition directing the Applicant to deposit 20% of compensation amount on the ground that he is suffering from disease and multiple ailments and further on the ground that the Applicant and co-accused are willing to deposit 20% of the compensation amount. This application came to be rejected.

4.

The contentions now put-forth by the learned Counsel appearing for the Applicant is that under Section 148 read with Section 143 (A) of the N. I. Act, only the drawer of the cheque can be directed to deposit compensation amount, pending appeal. The learned Counsels seek time to have research on this point.

5.

By consent, stand over to 3rd October, 2023.

6.

Interim order to continue till next date."

2.

Learned counsel for the applicant submit that purpose will be served if the applicant is granted 60 days time to deposit the amount.

3.

The order impugned has been passed in February, 2023. To my mind, four weeks time should serve the purpose. The applicant shall deposit amount under question i.e. Rs. 1,20,000/- within four weeks from today.

4.

The application is disposed of in above terms. (Anil L. Pansare, J.) wasnik