Sou Rajni Ambadas Choudhari v. Milind Dadaji Matte

2025:BHC-NAG:8302 1 936.APPR.180-25 IN REVN.115-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPR) NO. 180 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 115 OF 2025 ( Sau. Rajni Ambadas Choudhari Vs.

Milind Dadaji Matte ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. R.M. Khapekar, Advocate for the Applicant. Mr. N.A. Chawhan, Advocate for the Non-applicant. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 20th AUGUST, 2025 1.

By this Application, the Applicant seeking suspension of sentence and releasing her on bail. 2.

The Applicant has challenged the judgment and order passed by the Chief Judicial Magistrate, Chandrapur in S.C.C. No. 1397/2016, by which the Applicant is convicted for the offence punishable under Section 138 of N.I. Act and sentenced to suffer simple imprisonment for 2 months and to pay compensation of Rs. 4 Lakhs to the complainant, in default to suffer simple imprisonment for 2 months. Being aggrieved with the same, the Applicant has filed Criminal Appeal alongwith condonation of delay application but the condonation of delay application is rejected and hence this Revision.

2 936.APPR.180-25 IN REVN.115-25.odt 3.

Heard learned Counsel for the Applicant who submitted that the learned First Appellate Court has not considered that there is reasonable and justifiable reason to condone the delay as the delay was not condoned the sentence is not suspended, if the sentence is executed the appeal will become infructuous. In view of that the execution of sentence be suspended.

4.

Learned Counsel for the Non-applicant has objected for the same.

5.

After perusal of the impugned judgment it reveals that the sentence imposed is of a limited period. The Revision would take its own time for its final disposal. In view of that, the Application for suspension of sentence deserves to be allowed. Accordingly, I proceed to pass the following order:-

O R D E R

i.

Criminal Application (APPR) No. 180/2025, is hereby allowed.

ii.

The execution of the sentence passed in S.C.C. No. 1397/2016, is hereby suspended till the disposal of the Revision.

iii.

The Applicant - Sau. Rajni Ambadas Choudhari, shall be released on bail on executing P.R. Bond in the sum of Rs.15,000/- with one solvent surety in the like amount.

3 936.APPR.180-25 IN REVN.115-25.odt CRIMINAL REVISION APPLICATION NO. 115 OF 2025 1.

Learned Counsel for the Non-applicant, seeks time to file reply and Vakalatnama.

2.

Stand over after four weeks.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 22/08/2025 17:52:27