Ramesh S/O Haribhau Ambatkar v. Dnyaneshwar S/O Yadaorao Ambatkar

2025:BHC-NAG:4665

(1) 936.appr.104.2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.104 OF 2025 IN CRIMINAL REVISION APPLICATION NO.71 OF 2025 Ramesh s/o Haribhau Ambatkar Vs.

Dnyaneshwar s/o Yadaorao Ambatkar -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. S. R. Chakravarti, Counsel for the applicant. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 29/04/2025 1.

By this revision application, the applicant is challenging the order passed by the 12th Civil Judge Senior Division and Additional Chief Judicial Magistrate, Nagpur in Summary Criminal Case No.320970/2015 and confirmed by the Additional Sessions Judge - 5, Nagpur in Criminal Appeal No.275/2022 by which the applicant is convicted for the offence punishable under 138 of the Negotiable Instruments Act and sentenced to suffer simple imprisonment upto one month and compensation of Rs.1,25,000/-.

2.

Learned Counsel for the applicant submitted that he has already deposited 20% of the compensation amount before the First Appellate Court. He also submitted that the punishment imposed is of a limited period. He has many

(2) 936.appr.104.2025 arguable points in the present revision, but the present revision would take its own time for its final disposal. In the meantime, if sentence is executed the revision application would become infructuous. 3.

Considering the submissions made by the learned Counsel for the applicant and considering that he has shown that he has many arguable points in the present revision application, the application deserves to be allowed. Accordingly, I proceed to pass following order:

ORDER

(i) The application is allowed.

(ii) Execution of the sentence Summary Criminal Case No.320970/2015 confirmed by the Additional Sessions Judge - 5, Nagpur in Criminal Appeal No.275/2025 is suspended till disposal of the revision application.

(iii) The applicant shall be released on bail on executing PR Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

Application is disposed of.

REVISION APPLICATION NO.71 OF 2025 (i) Heard.

(ii) Admit.

(iii) Call for record and proceedings.

(iv) Revision application be listed before this Court after receipt of the record and proceedings. (URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 05/05/2025 11:24:02