Rk Traders Through Proprietor Vasu P Shah v. Sunita Nitin Dhoka

AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2188 OF 2025 IN CRIMINAL REVISION APPLICATION NO.118 OF 2025 RK Traders through Proprietor Vasu P. Shah ... Applicant V/s.

Sunita Nitin Dhoka ... Respondent ATUL GANESH KULKARNI ATUL GANESH KULKARNI Date: 2025.10.16 13:11:44 +0530 AND INTERIM APPLICATION NO.2190 OF 2025 IN CRIMINAL REVISION APPLICATION NO.117 OF 2025 RK Traders through Proprietor Vasu P. Shah ... Applicant V/s.

Nitin Gheverchand Dhoka ... Respondent Mr. Ajay Rathi i/by Ms. Akshata M. Nayak for the applicant.

Mr. Narayan Rokade for the respondent in both IAs. Mr. Sagar R. Agarkar, APP for the State.

CORAM

: AMIT BORKAR, J.

DATED : OCTOBER 15, 2025 P.C.:

1.

The applicant has filed undertaking (separate in each interim application) stating that the applicant is the accused in a proceedings under Section 138 of the Negotiable Instruments Act, 1881. Both the Courts have convicted the applicant. The applicant,

therefore, filed present criminal revision applications in this Court. 2.

Pending criminal revision applications, the applicant has filed undertaking stating that 25% of the cheque amount has already been deposited before the Appellate Court and remaining 75% shall be deposited within three weeks from today. 3.

The applicant is made aware of the consequences of failure to comply with the undertaking, by explaining that in addition to vacating the order of suspension of sentence, proceedings under the provisions of the Contempt of Courts Act, 1971 shall be initiated against the applicant, in case he fails to comply with the undertaking. The applicant, after knowing the consequences, has filed the undertaking. The undertaking is accepted as an undertaking to the Court.

4.

Hence, the Judgment and Order dated 21 August 2017 passed by the Judicial Magistrate First Class, Pune in S.C.C. No.28199 of 2011 & 28200 of 2011confirmed by Judgment and Order dated 27 June 2024 in Criminal Appeal No.59 of 2018 & 60 of 2018 stand suspended.

5.

The applicant (in each application) shall be released on regular bail in connection with S.C.C Nos.28199 of 2011 and 28200 of 2011, upon furnishing personal bond of Rs.10,000/- (each) (Rs. Ten Thousand Only) with one or more sureties in the like amount, to the satisfaction of the Trial Court. 6.

The applicant shall, at the time of execution of the bond, furnish address and mobile number to the investigating officer, and the Court concerned, and shall not change the residence till the

final disposal of the case;

7.

The complainant is at liberty to withdraw the deposited amount, subject to filing undertaking that in case the respondent fails in the present revision applications, he shall return entire amount withdrawn with interest at the prevalent bank rate within eight weeks from the date of such order.

8.

Accordingly, both the interim applications stand disposed of. 9.

List both the criminal revision applications on 26 November (AMIT BORKAR, J.)