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Bombay High CourtCRMA/58/2021allowed

Hirachand Bafna v. Shaikh Jalal (Dec) Thr. Lrs. And ANR

2021-11-26Hon'Ble Shri Justice Manish Pitale2 pages

19--CRMA-58-2021.DOC vinita

IN THE HIGH COURT OF BOMBAY AT GOA.

CRIMINAL MISC. APPLICATION NO.58 OF 2021 IN CRIMINAL REVISION APPPLICATIN NO. 11 OF 2021.

HIRACHAND BAFNA ... Applicant.

Versus

SHAIKH JALAL (DEC) THR.

LRS. AND ANR

...Respondent.

Mr. S. M. Singbal, Advocate for the applicant.

CORAM:

MANISH PITALE, J.

DATED:

26th November, 2021.

P.C.:

1.

This Court has already recorded in the order passed today in the Revision Application while admitting the same, that there are indeed arguable issues raised in the revision application, inter alia, for the reason that in respect of another cheque of the same amount for which the respondent complainant had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, the Magistrate acquitted the applicant and this Court dismissed the appeal filed against the same.

19--CRMA-58-2021.DOC 2.

In view of the above, this Court is of the opinion that a strong case is made out for suspension of sentence imposed in the present case.

3.

Accordingly, the application is allowed and the sentence imposed upon the applicant is suspended, subject to the applicant depositing an amount of Rs.3,00,000/- in this Court within a period of four weeks from today. 4.

Application stands disposed of.

MANISH PITALE,J.

Date: 2021.11.26 17:29:19 +05'30'

VINITA VIKAS NAIK