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Bombay High CourtIA/2279/2024disposed off

Shri. Vijay Jotiram Rasal v. Minakshi Gramin Bigar Sheti Sahakari Pat Sanstha Maryadit, Vasumbe Through

2024-06-20Hon'Ble Shri Justice S. M. Modak2 pages

18. IA 2278 OF 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2278 OF 2024 ALONGWITH INTERIM APPLICATION NO. 2279 OF 2024 IN REVISION APPLICATION (ST) NO. 11420 OF 2024 Shri Vijay Jotiram Rasal ...Applicant vs.

Minakshi Gramin Bigar Sheti Sahakari Pat. Sanstha Maryadit, Vasumbe and Ors.

...Respondents

***** Adv. Padmanabh Pise a/w Adv.

Sejal A. Hariyan i/by P.

Padmanabh and Associates Advocate for the Applicant Mr. A. S. Gawai APP for the Respondent-State ***** CORAM : S. M. MODAK, J.

DATE : 20th JUNE 2024 P. C. :- 1.

Heard.

2.

Applicant is convicted by trial Magistrate for the offence punishable under Section 138 of the Negotiable Instruments Act. The sentence is as follows:

(i) Eight months simple imprisonment by SEEMA KSHITIJ YELKAR Date:

2024.06.20 20:01:16 +0530 SEEMA KSHITIJ YELKAR Seema 1/2

18. IA 2278 OF 2024.doc (ii) Compensation of Rs. 1,23,000, at page no. 66 3.

Whereas his appeal is dismissed on 02/05/2019. Now he is arrested and undergoing the sentence. There is delay of 1733 days in preferring an appeal. Apart from that there is an application for suspension of the sentence. Applicant wants to pay an amount of compensation. The Applicant is at liberty to deposit the amount before the trial Magistrate within four weeks.

4.

Let notice be issued to Respondent No. 1 returnable on 25th July 2024. If during that period, the Applicant will deposit the amount his prayer for suspension will be considered.

5.

The Applicant is at liberty to seek circulation if the amount is deposited earlier.

6.

Matter be kept on 25th July 2024.

[S. M. MODAK, J.] Seema 2/2