Ratankishor S/O Radhakisan Agrawal v. Kuber Corporation, Thr. Its Partners And Others

1 revn87.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CRIMINAL REVISION NO.87 OF 2016 (Ratankishor s/o Radhakisan Agrawal ..vs.. Kuber Corporation and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri C.A. Joshi, Counsel for the applicant, Ms. Jog, Counsel for non-applicants 1, 2 and 3. CORAM : ROHIT B. DEO, J.

DATED : 04-07-2018 Challenge is to the order dated 24-5-2016 rendered by the learned District and Sessions Judge, Akola in Criminal Appeal 79/2016, by and under which the sentence is suspended subject to the applicant depositing 60% of the fine amount. The submission is that the deposit of 60% of the fine amount which works out to Rs.1,50,000/- is onerous and renders the right of appeal illusory.

2.

The applicant has deposited Rs.1,00,000/- before the appellate Court. Both the learned Counsel agree that this application can be disposed of by granting liberty to the non-applicant/complainant to withdraw the said amount and with a direction to the learned appellate Court to decide the appeal expeditiously.

3.

The non-applicant/complainant is permitted to withdraw the amount of Rs.1,00,000/- deposited by the

2 revn87.16 applicant-original accused subject to the condition that the non-applicant files an affidavit to the effect that if the appeal is allowed the said amount shall be refunded within seven days of the decision.

4.

The appellate Court is requested to decide the appeal as expeditiously as possible and in any event within six months from the receipt of this order. 5.

The revision is disposed of accordingly.

JUDGE adgokar