Laxmansingh Sardarsingh Rajput v. Kamlesh Gowardhan Sonawale

1 37.revn.196.2024 corrected

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION NO. 240 OF 2024 IN CRIMINAL REVISION APPLICATION NO.196 OF 2024 Mr. Laxmansingh s/o Sardarsingh Rajput ..vs..

Mr. Kamlesh s/o Gawardhan Sonawale - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.M. Bhangde, Advocate for the applicant. CORAM: SANDIPKUMAR C. MORE, J.

DATE : 16/12/2024.

Notice issued to the non-applicant/complainant is still awaited.

Corrected as per Court's order dated 10.01.2025 2.

The learned Counsel for the applicant/accused submits that the applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to suffer simple imprisonment for two months and to pay compensation of Rs.7,00,000/- under the judgment and order dated 16.12.2022 passed by the learned 11th Joint Civil Judge, Senior Division and ACJM, Nagpur in S.C.C. No. 20448/2019. The aforesaid conviction is maintained by the learned Additional Sessions Judge,-8 Nagpur in Criminal Appeal No. 7 of 2023.

3.

The learned Counsel for the applicant submits that, if the suspension of substantive sentence of imprisonment is not done, then the applicant/accused will suffer from great hardship at the age of 74 years. He is also ready to pay entire amount of compensation

2 37.revn.196.2024 corrected within a week, which shall be inclusive of amount of Rs.1,40,000/- already deposited with the learned Appellate Court.

4.

In view of the aforesaid submissions, the substantive sentence of imprisonment awarded to the applicant/accused as mentioned above, shall stands suspended during the pendency of this revision application, subject to deposit of remaining amount of compensation of Rs.5,60,000/- within a week from the date of this order.

5.

The applicant/accused be released on bail on his furnishing P.R. bond and surety of Rs.25,000/- before the learned Trial Court.

Corrected as per Court's order dated 10.01.2025 6.

The Criminal Application stands disposed of.

CRIMINAL REVISION APPLICATION NO. 196 OF 2024 7.

Heard.

8.

Admit.

9.

Call for the R & P.

10.

Stand over to 27.01.2025.

(SANDIPKUMAR C. MORE , J.

) Trupti