Mahesh Sudhakar Naik v. Kundan Bhaurao Parkhi

35 REVN-56-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL REVISION APPLICATION (REVN) NO.56 OF 2024 [Mahesh Sudhakar Naik ..Vs.. Kundan Bhaurao Parkhi] ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr R. M. Daga, Advocate for Applicant.

CORAM : M. W. CHANDWANI, J.

DATE : 20 th MARCH , 202 4 .

.

Heard.

2.

The revision application challenges the order dated 15.09.2018 passed by the learned JMFC, Maregaon, District Yavatmal, in Summary Criminal Case No.133 of 2016, convicting the applicant for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 and sentenced him to suffer simple imprisonment for five months, apart from the directions to pay compensation of Rs.3,20,000/-. The applicant assailed the appeal before the learned Additional Sessions Judge, Kelapur, District Yavatmal. The same appeal came to be dismissed by the impugned order dated 07.03.2024.

3.

Issue notice to the non-applicant, returnable within two weeks.

CRIMINAL APPLICATION (APPR) NO.79 OF 2024 4.

Since the substantive sentence is for shorter period and the consideration of revision will take time, the substantive sentence passed by the learned JMFC, Maregaon, District TAMBE

35 REVN-56-2024 Yavatmal, in Summary Criminal Case No.133 of 2016, shall remain suspended.

5.

The applicant - Mahesh Sudhakar Naik shall be released on bail on his furnishing P.R. Bond in the sum of Rs.15,000/- (Rupees Fifteen Thousand Only) with one solvent surety in the like amount.

6.

The applicant shall pay Rs.1,00,000/- towards compensation within a week before the Appellate Court. 7.

Issue notice to the non-applicant, returnable within two weeks.

(JUDGE) Signed by: Mr. Ashish Tambe Designation: PA To Honourable Judge Date: 20/03/2024 19:09:14 TAMBE