Shriram Construction And Boat Builders Through Prop Pratap Dattatraya Jamdar v. State Of Maharashtra
2024:BHC-AS:39386
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3983 OF 2024 IN REVISION APPLICATION (ST) NO. 20338 OF 2024 Shriram Construction and Boat Builders Through Prop. Pratap Dattatraya Jamdar ...Applicant vs.
The State of Maharashtra and Anr.
...Respondents
***** Mr. Kuldeep Nikam Advocate for the Applicant Ms. Sangita E. Phad APP for the Respondent-State ***** CORAM : S. M. MODAK, J.
DATE : 04th OCTOBER 2024 P. C. :- REVISION APPLICATION (ST) NO. 20338 OF 2024 1.
Heard learned Advocate Shri Nikam for the Applicant-convicted accused.
2.
There is conviction by the Court of JMFC, Sangli on 11.08.2014 for an offence punishable under Section 138 of the Negotiable Instruments Act. The sentence is simple imprisonment for three months and compensation of Rs. 1,00,000/-. It is confirmed by the 1/3
Court of the Additional Sessions Judge, Sangli on 23.09.2024. 3.
The amount of Rs. 20,000/- is deposited during pendency of the appeal. He is taken into custody by the Appellate Court. 4.
Issue notice before admission to the Respondent No. 2 returnable on 29.11.2024.
5.
Considering their sentence matter can be referred to the DLSA Sangli for a Mediation.
6.
Hence the Order :-
ORDER
(i) Let the matter be referred to the District Legal Services Authority, Sangli for a Mediation.
(ii) Let Parties to appear before the learned Secretary, District Legal Services Authority, Sangli on 11.10.2024. He is directed to appoint Mediator.
(iii) Let learned Secretary, District Legal Services Authority, Sangli to issue notice to the parties and Mediator to conduct meetings and then submit a report within statutory period. (iv) Learned Deputy Registrar, Main Mediation Centre to co-ordinate. 2/3
INTERIM APPLICATION NO. 3983 OF 2024 7.
Heard.
8.
On the basis of the instructions, the Applicant is ready to deposit 30 % more amount.
9.
Hence, the Order :
ORDER
(i) The substantive sentence passed by 6th JMFC, Sangli in Summary Criminal Case No. 314 of 2013 vide Order dated 11.08.2014 and confirmed by Additional Sessions, Judge, Sangli in Summary Criminal Case No. 314 of 2013 on 23.09.2024 is suspended during pendency of this revision application subject to following conditions:- (a) On furnishing Personal Bond and Surety Bond of Rs. 15,000/- (Rupees fifteen thousand only) before trial Magistrate. (b) On depositing Rs. 30,000/- (Rupees thirty thousand only) before JMFC, Sangli within two weeks.
10.
Interim application is disposed of.
11.
Parties to act upon an authenticated copy of this Order. [S. M. MODAK, J.] 3/3 Signed by: Seema Yelkar Designation: PA To Honourable Judge Date: 05/10/2024 16:55:41