Bombay High CourtCRMA/183/2015disposed of

Mr. Govind Sudhakar Dessai. v. V.P.K. Urban Co-Operative Credit Society Ltd., Rep. By Recovery Officer Shri Babani Anant Gaude.,

2015-07-31Hon'Ble Shri Justice K. L. Wadane2 pages

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 183 OF 2015 IN CRIMINAL REVISION APPLICATION NO. 60 OF 2015 MR. GOVIND SUDHAKAR DESSAI.

... Applicant

Versus

V.P.K. URBAN CO-OPERATIVE CREDIT SOCIETY LTD., REP. BY RECOVERY OFFICER SHRI BABANI ANANT GAUDE., ... Respondent Mr. Sidhesh Shet, Advocate for the applicant. Coram:- K. L. WADANE, J.

Date:- 31st July, 2015 P.C.

Heard Mr. S. Shet, learned Advocate appearing for the applicant.

2. Applicant is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and his conviction is confirmed by Additional Sessions Judge, therefore, he has prayed for the suspension of the sentence.

3. Learned counsel appearing for the applicant states that accused/applicant has disputed the signature on the acknowledgement notice and this aspect has not been considered by the Trial Court as well as First Appellate Court.

4. Considering the averments made by the applicant, the substantive sentence imposed upon the applicant is hereby suspended, subject to the condition that applicant shall deposit an amount of Rs.1,00,000/- within a period of one week and remaining

CRMA/183/2015 amount of Rs.1,05,000/- in this Court within a period of four weeks.

5. Applicant shall be released on bail on his furnishing personal bond of Rs.15,000/- with one surety in the like amount to the satisfaction of the Registrar(Judicial) of this Court.

6. Application stands disposed of.

K. L. WADANE, J.