Bombay High CourtCRMA/269/2014disposed of

Shri. Vijaykumar Fadke, Prop. Of M/S. Laxmi Vishwanath Apts, And ANR. v. Central Bank Of India Rep. By Manager Verna Branch.

2015-03-25Hon'Ble Shri Justice C. V. Bhadang2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 269 OF 2014 IN CRIMINAL REVISION APPLICATION NO. 6 OF 2013 SHRI. VIJAYKUMAR FADKE, PROP. OF M/S. LAXMI VISHWANATH APTS, AND ANR.

... Applicant

Versus

CENTRAL BANK OF INDIA REP. BY MANAGER VERNA BRANCH.

... Respondent Shri P.K. Gude, Advocate for the Applicant.

Ms. D. Bhomkar, Advocate for the Respondent.

Coram:- C. V. BHADANG, J.

Date:- 25th March, 2015 P.C:

Heard the learned Counsel for the parties.

2. The applicant has been convicted for the offence punishable under Section 138 of the N.I. Act and has been sentenced to undergo simple imprisonment for a period of three months. The applicant is also directed to pay fine of Rs.10,000/- and in default to undergo simple imprisonment for a period of one month and to pay compensation of Rs.75,000/-.

3. It is submitted by the learned Counsel for the applicant that the applicant has deposited an amount of Rs.85,000/-. The criminal

CRMA/269/2014 revision application is filed challenging the judgment passed by the learned Sessions Judge confirming the conviction and sentence. That criminal revision application was dismissed for non-prosecution on 24.03.2014.

4. The present criminal miscellaneous application is filed for re-storation of the same.

5. In this case, as noticed earlier, the amount of compensation and fine is already deposited. The parties make a statement that they are exploring the possibility of settlement. In either case and for the reasons stated in the application, the application is allowed. Criminal Revision Application No. 6/2013 is re-stored to the file. Criminal Revision Application No. 6/2013 be fixed for final hearing on 08.04.2015.

C. V. BHADANG, J.