← Library
Bombay High CourtIA/2829/2024disposed off

Vilas Bhimrao Phadtare v. State Of Maharashtra

2024-07-31Hon'Ble Shri Justice S. M. Modak2 pages

2024:BHC-AS:34519 Seema

17. IA 2829 of 2024 spm.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2829 OF 2024 IN REVISION APPLICATION NO. 253 OF 2024 Vilas Bhimrao Phadtare ...Applicant vs.

The State of Maharashtra and Anr.

...Respondents

***** Mr. Akshay R. Kapadia Advocate for the Applicant Mr. A. S. Gawai APP for the Respondent-State Mr. Shekhar Mane Advocate for Respondent No. 2 ***** CORAM : S. M. MODAK, J.

DATE : 31st JULY 2024 P. C. :- INTERIM APPLICATION NO. 2829 OF 2024 1.

The Court of the Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai has convicted the Applicant for an offence punishable under Section 138 of the Negotiable Instruments Act. The sentence was till rising of the Court and fine of Rs. 4,00,000/-. This fine amount is to be paid to the Complainant. An amount of Rs. 80,000/-* is deposited before the trial Court.

2.

Hence, the Order:- * Order modified as per Speaking to Minutes dated 23.08.2024. 1/2

Seema

17. IA 2829 of 2024 spm.doc

ORDER

(a) In default sentence passed by Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai in CC No. 71/SS/2018 is suspended on following condition:- (i) On furnishing Personal Bond and Surety Bond amounting to Rs. 15,000,/- before the trial Magistrate within four weeks. (ii) On depositing an amount of Rs. 40,000/- before the trial Magistrate within four weeks.

3.

Accordingly, Interim Application No. 2829 of 2024 is disposed of.

4.

Parties may avail possibility of the settlement. REVISION APPLICATION NO. 253 OF 2024 5.

Heard learned Advocate for the Applicant-convicted accused and learned Advocate for Respondent No. 2.

6.

Two weeks time is granted to file Vakalatnama to learned Advocate for Respondent No. 2. He waives notice of the revision application. Copies be served on him.

7.

So revision application be kept on 11th September 2024 for admission.

[S. M. MODAK, J.] Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 28/08/2024 19:34:07 * Order modified as per Speaking to Minutes dated 23.08.2024. 2/2