Sushma Suresh Parab v. State Of Maharashtra

V.A Tikam IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 501 OF 2024 VAISHALI ANIL TIKAM WITH INTERIM APPLICATION NO.3979 OF 2024 IN CRIMINAL REVISION APPLICATION NO.501 OF 2024 by VAISHALI ANIL TIKAM Date:

2024.11.28 16:56:41 +0530 WITH INTERIM APPLICATION NO.3980 OF 2024 IN CRIMINAL REVISION APPLICATION NO.501 OF 2024 Sushma Suresh Parab .. Applicant

Versus

State of Maharashtra .. Respondent ....................

 Tiwari Sunil Kumar for Applicant.

 Ms. Sangita Phad, APP for the State.

...................

CORAM

: MILIND N. JADHAV, J.

DATE : NOVEMBER 28, 2024.

P.C.:

1.

Heard Mr. Tiwari, learned Advocate for the Applicant and Ms. Sangita Phad, learned APP for the State.

2.

The Applicant is a lady who has filed the present Criminal Revision Application to challenge the twin judgments of the Trial Court dated 13 June, 2018 and 7 June, 2024. Case is under Section 138 of the Negotiable Instruments Act emanating from a friendly loan transaction between Applicant and Respondent No.2. The matter has been heard by my predecessor i.e. [Coram: S.M. Modak,J.] previously

and Applicant's sentence has been suspended by order dated 3 October, 2024 with a direction to furnish a personal bond of Rs.15,000/- and deposit an amount of Rs.1,50,000/- before the Trial Court.

3.

Applicant is present before me. Her Advocate would inform the Court that pursuant to passing of the order dated 3 October, 2024 and due to the impending Diwali Festival thereafter, Applicant had difficulty in arranging the deposit amount. Though in a normal case I would expect the applicant to apply for extension of time by filing an appropriate affidavit, I will give the benefit in this case to the Applicant before me because she is personally present before me and has explained her difficulty to me. I am inclined to believe what is being submitted by her.

4.

In that view of the matter, I am therefore inclined to extend the time for furnishing the P.R. Bond and for deposit of the amount of Rs.1,50,000/- before the Trial Court as directed by this Court in order dated 20 September, 2024 by a further period of six weeks from today. The Applicant would inform the Court that she will arrange the amount of deposit by proceeding to her village and shall make arrangement of money required for deposit after sale of her share in some properties which belong to her. Her request for extension of time is therefore granted. Time granted by this Court in order dated 3

October, 2024 stands extended for a further period of six weeks from today.

5.

In breach of the above order dated 20 September, 2024, if any coercive steps are taken by issuance of conviction warrant or otherwise against Applicant, the same shall not be proceeded with until compliance of this order.

6.

List the Civil Revision Application on 7 January, 2025. [ MILIND N. JADHAV, J. ]