Shaikh Abdul Shakur Alias Shaikh Abdul Shakur Xec v. Dilip Naik And ANR
CRMA 3 of 2024 Meena
IN THE HIGH COURT OF BOMBAY AT GOA
CRIMINAL MISC. APPLICATION NO.3 OF 2024 IN CRIMINAL REVISION APPLICATION NO.4 OF 2024 SHAIKH ABDUL SHAKUR ALIAS SHAIKH ABDUL SHAKUR XEC ... APPLICANT
Versus
DILIP NAIK AND ANR ... RESPONDENTS Mr. A.D. Bhobe with Ms. S. Shaikh, Advocates for the applicant. Mr Shivan Desai, Advocate for respondent no.1. Mr Nikhil Vaze, Additional Public Prosecutor for respondent no.2. CORAM:- BHARAT P. DESHPANDE, J.
DATED :- 29th January, 2024 P.C.:
1. Heard Mr. A.D. Bhobe with Ms. S. Shaikh, learned Counsel for the applicant and Mr Shivan Desai, learned Counsel for respondent no.1.
2. Vide Order dated 20/02/2023, the applicant was released on executing a personal bond with one surety.
3. Mr. Bhobe submits that there is a serious dispute with regard to the amount mentioned in the cheque and the calculations provided in the complaint as well as evidence. He submits that the contention of 29th January, 2024
CRMA 3 of 2024 respondent No.1/complainant is also hit by the provisions of the Money Lending Act.
4. Mr. Desai appearing for respondent No.1 submits that since there are concurrent findings and all sorts of defences have been raised by the applicant without any success, there is no question of even admitting the present petition.
5. The application is for suspension of sentence. The impugned order only speaks about payment of compensation and in default to undergo imprisonment.
6. Mr. Bhobe would submit that the applicant is ready and willing to deposit the principal amount of Rs.5,00,000/- in this Court within two weeks. He submits that the applicant has deposited Rs.2,50,000/- before the First Appellate Court. Accordingly, the applicant shall deposit the remaining amount of Rs.2,50,000/- in this Court within two weeks.
7. The Criminal Misc. Application stands disposed of accordingly. BHARAT P. DESHPANDE, J.
by MEENA VISHAL BHOIR Date: 2024.01.29 16:40:33 +05'30'
MEENA VISHAL BHOIR 29th January, 2024