Ratiram Lalaji Raut v. Mahindra And Mahindra Financial Service Limited Thr Arif Abdul Waheed Khan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APP R ) NO.

OF 2025 IN CRIMINAL REVISION APPLICATION NO.

OF 2025 Ratiram Lalaji Raut Vs M/s Mahindra & Mahindra Financial Services Ltd. Through its power of attorney Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Arjun Raoka Jain, counsel for applicant.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 2 6 /06/2025.

1.

By this revision application, the applicant is seeking suspension of sentence and releasing the applicant on bail.

2.

The applicant was prosecuted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, and sentenced to suffer simple imprisonment of one month and to pay fine of Rs.1,05,000/- in S.C.C. No. 2852/2008 passed by the 22nd Joint Civil Judge Junior Division and Judicial Magistrate First Class and Special Court under 138 of the Negotiable Instruments Act, Nagpur, dated 15/09/2010. The said conviction is confirmed in Criminal Appeal No. 288/2010, hence this revision application.

3.

Heard learned counsel for the applicant, who submitted that the punishment imposed is of a limited period. He has also pointed out from the impugned judgment that he has many arguable points in the application and also shown his willingness to deposit the 20% amount of the compensation.

4.

Considering the fact that the applicant has shown that he has many arguable points. Moreover, the punishment is of a limited period therefore, the suspension of sentence requires to be considered. In view of that, I proceed to pass the following order. a] Criminal application is allowed.

b] The execution of the sentence passed in S.C.C. No. 2852/2008, confirmed in Criminal Appeal No. 288/2010, is hereby suspended till disposal of the appeal. On the condition that the appellant shall deposit 20% of the compensation amount within four weeks.

c] The applicant shall be released on bail on executing P.R. Bond of Rs. 25,000/- with one solvent surety in the like amount.

The criminal application is disposed of.

REVISION APPLICATION NO. 102 OF 2025 1.

Heard.

2.

Admit.

3.

Call for record and proceedings.

4.

The revision application be listed before this Court after receipt of Record and Proceedings for final disposal. [URMILA JOSHI-PHALKE, J.]