Mahesh S/O Baburao Chandekar v. Sachin S/O Vijay Sumbhate

appr173.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.173/2025 IN CRIMINAL REVISION APPLICATION STAMP NO.6780/2025 (Mahesh S/o Baburao Chandekar Vs. Sachin S/o Vijay Sumbhate) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. K.N. Jain, Advocate for the applicant.

Mr. S.M. Prasad, Advocate for the non-applicant. CORAM: MRS.VRUSHALI V. JOSHI, J.

DATED: 1.10s.2025.

Heard.

2.

For the reasons stated in the application, it is allowed. Delay of 27 days in filing revision application stands condoned. CRIMINAL APPLICATION (APPP) NO.2035/2025 3.

The applicant is challenging the conviction order for the offence under Section 138 of the Negotiable Instruments Act. 4.

The applicant was convicted for the offence punishable under Section 138 of the N.I. Act and sentenced to suffer rigorous imprisonment for a period of one month and compensation of Rs.6,00,000/-. The said order was confirmed by the Sessions Court and the applicant is in jail since last 8 days. 5.

As the order of J.M.F.C. Court is confirmed, the learned Advocate for the applicant and the non-applicant have filed the joint pursis stating that the matter is settled. The amount of Rs.1,00,000/- in cash is given today i.e. on 1.10.2025 and the brother of the applicant has handed over two post dated cheques of Rs.50,000/- each to the non-applicant.

appr173.2025.odt 6.

As the applicant is in jail, he cannot arrange for the said amount. The matter is settled between the parties. The order of conviction is suspended.

7.

The substantive sentence shall remain suspended during the pendency of this application.

8.

The applicant be released on same terms and conditions imposed by the learned Sessions Judge at the time of suspension of sentence. 9.

The application stands disposed of.

CRIMINAL REVISION APPLICATION STAMP NO.6780/2025 10.

Stand over to 10.11.2025.

(MRS.VRUSHALI V.JOSHI, J.) Tambaskar.

Signed by: MR. N.V. TAMBASKAR Designation: PS To Honourable Judge Date: 03/10/2025 17:03:26