Radhika Trading Company Prop Satish Rambhau Vairal v. R G H Group

Digitally signed by CHITRA SANJAY SONAWANE Date:

2025.08.12 21:42:01 +0530 CHITRA SANJAY SONAWANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Interim Application No. 926 of 2025 in Revision Application No. 86 of 2025 Radhika Trading Company Prop Satish Rambhau Vairal Age 53 years, Occ. Business, Office : Kankriya Complex, Station Road, In front of Bank of Baroda, Lasalgaon, Tal. Niphad, Dist. Nashik.

(Presently incarcerated in Nashik Central Prison) ... Applicant versus

1. RGH Group Prop. Ketan Prashant Heda, Age 35 years, Occ. Business, R/o. Lasalgaon Road, Tal. Chandwad, Dist. Nashik.

2. The State of Maharashtra

...Respondents

---- Mr Tuushar N Sonawane, for the Applicant.

Mr Pratik Kalantri, for Respondent No.1.

Mr S S Pednekar, APP, for Respondent No.2 / State. ---- Coram: R.N. Laddha, J.

Date: 12 August 2025

P.C.:

By this application, the applicant seeks suspension of sentence and grant of bail, pending the hearing and final disposal of the present revision application. 2.

The applicant, vide judgment and order dated 3 October 2023, passed by the Judicial Magistrate First Class, Chandwad, in Summary Criminal Case No.917 of 2017, was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 ("NI Act") and sentenced to suffer rigorous imprisonment for one year and pay Rs.8 Lakhs towards compensation to respondent No.1/ the complainant (with default stipulations). Aggrieved, the applicant preferred an appeal bearing No.45 of 2023 before the Additional Sessions Judge, Niphad. By a judgment and order dated 20 February 2025, the learned Sessions Judge confirmed the applicant's conviction and dismissed the appeal. Dissatisfied, the applicant preferred the present revision application before this Court. 3.

The learned Counsel for the applicant submits that the applicant has already deposited Rs.1,00,000/- after the pronouncement of the judgment passed by the trial Court, and now the applicant is ready to deposit an amount of Rs.2,00,000/- within two days before the trial Court.

4.

Considering the nature of the accusations, pending the hearing and final disposal of the present revision application, the sentence imposed upon the applicant shall be suspended, and the applicant shall be released on bail upon executing a PR Bond of Rs.25,000/- and furnishing one or more sureties in the like amount, subject to the applicant depositing Rs.2,00,000/- before the trial Court within one week from today. 5.

The interim application stands disposed of accordingly. (R.N. Laddha, J.)