Shraddha Enterprises Through Propriter Shraddha Shrikant Pawar v. Sree Gokulam Chits And Co P Ltd Through Ratnakar R Kolekar
2024:BHC-AS:39601
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3629 OF 2024 IN REVISION APPLICATION NO. 518 OF 2024 Shraddha Enterprises Through Proprietor Shraddha Shrikant Pawar ...Applicant vs.
Sree Gokulam Chits And Co Pvt.
Ltd. Through Ratnakar R. Kolekar
...Respondents
***** Mr. Mahesh Phalke Advocate for the Applicant ***** CORAM : S. M. MODAK, J.
DATE : 04th OCTOBER 2024 P. C. :- REVISION APPLICATION NO. 518 OF 2024 1.
Heard learned Advocate for the Applicant-convicted accused. 2.
The Court of the JMFC, Thane has convicted the Applicant for an offence punishable under Section 138 of the Negotiable Instruments Act. The sentence is simple imprisonment for three months and compensation of Rs. 1,42,000/-. The appeal was dismissed. The Applicant has deposited Rs. 87000/- during pendency 1/3
of the appeal and she is ready to deposit remaining amount of Rs. 55,000/- within a period of four weeks from today. 3.
Issue notice before admission, returnable on 13th December 2024.
4.
Matter be kept on 13th December 2024.
INTERIM APPLICATION NO. 3629 OF 2024 5.
Heard.
6.
Accordingly, following order is passed:- (a) The substantive sentence of the imprisonment imposed by JMFC, Thane in Summary Criminal Case No. 5284 of 2012, dated 29.09.2016 and confirmed by Additional Sessions Judge, Thane in Criminal Appeal No. 110 of 2016, dated 29.07.2024 is suspended during pendency of the revision subject to the following conditions:- (i) On furnishing Personal Bond and Surety Bond of Rs. 15,000/- (Rupees fifteen thousand only) before trial Magistrate within two weeks.
(ii) On depositing Rs. 55,000/- (Rupees fifty-five thousand only) before trial Magistrate within four weeks. 2/3
7.
Interim application is disposed of.
8.
Parties to act upon an authenticated copy of this Order. 9.
The Respondent No. 1 is at liberty to pray for withdrawal. [S. M. MODAK, J.] 3/3 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 08/10/2024 14:46:57