Bombay High Court
Jk Seeds And Pesticides Through Its ... vs Maharashtra State Cooperative ... on 11 October, 2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CRIMINAL APPLICATION NO. 2889 OF 2018
IN
CRIMINAL REVISION APPLICATION NO. 257 OF 2018
WITH
CRIMINAL REVISION APPLICATION NO. 257 OF 2018
JK Seeds and pesticides
Through Its Proprietor
Jaikishan Roshanlal Agrawal ..APPLICANT
VERSUS
Maharashtra State Cooperative Marketing
Fedration Ltd., Mumbai ..RESPONDENT
----
Mr. R.R. Mantri, Advocate for applicant.
----
CORAM : SANGITRAO S. PATIL, J.
DATE : 11th OCTOBER, 2018
PER COURT :-
The applicant has challenged his conviction and
sentence for the offence punishable under Section 138 of
the Negotiable Instruments Act ("N.I. Act" for short),
recorded by the Trial Court and confirmed by the Appellate
Court. He has been sentenced to suffer simple imprisonment
for three months and to pay compensation of Rs.7,00,000/-.
::: Uploaded on - 11/10/2018 ::: Downloaded on - 12/10/2018 02:10:09 :::
2 926-CRAPPLN-2889-18
2. The learned Counsel for the applicant submits
that the applicant has already deposited the amount of
Rs.1,25,000/- before the Appellate Court out of the cheque
amount. He submits that the applicant has challenged his
conviction and sentence on various legal as well as
factual grounds. He is hoping for success in criminal
revision application. He submits that the applicant has
recently undergone cataract operation. He is also
suffering from heart disease. He is present before the
Court. He is ready to surrender himself before this
Court. He, therefore, prays that the applicant may be
taken into custody and substantive sentence of
imprisonment may be suspended during pendency of this
criminal revision application and the criminal revision
application may be admitted.
3. The applicant is taken into custody on his being
surrendered voluntarily.
4. Perused the grounds of objections raised in
criminal revision application. The applicant will have to
::: Uploaded on - 11/10/2018 ::: Downloaded on - 12/10/2018 02:10:09 :::
3 926-CRAPPLN-2889-18
be given an opportunity to substantiate those grounds
before this Court, otherwise the very purpose of filing
the criminal revision application would be frustrated. A
considerable time will be required for final hearing of
the criminal revision application. In the circumstances,
I think fit to admit the criminal revision application and
suspend the substantive sentence of imprisonment passed
against the applicant during pendency of the criminal
revision application. Hence the following order :-
ORDER
(1) Admit Criminal Revision Application. (2) Issue notice to the respondent, returnable on 21st November, 2018. (3) In addition to regular mode of service, the applicant shall serve the respondent by private notice by any permissible mode of service and file service affidavit before the next date positively.
::: Uploaded on - 11/10/2018 ::: Downloaded on - 12/10/2018 02:10:09 :::
4 926-CRAPPLN-2889-18 (4) The applicant is taken into custody on his being surrendered voluntarily. (5) The substantive sentences of imprisonment passed against the applicant shall remain suspended during pendency of the criminal revision application on his executing bail bonds in the sum of Rs.15,000/- (Rupees Fifteen Thousand) with one surety each in the like amount.
(6) Bail bonds shall be furnished before the Registrar (Judicial) of this Court, failing which the applicant shall be committed to jail. (7) Call record and proceedings. (8) Stand over to 21st November, 2018. (9) Criminal Application no. 2889 of 2018 is disposed of.
[SANGITRAO S. PATIL] JUDGE SSD ::: Uploaded on - 11/10/2018 ::: Downloaded on - 12/10/2018 02:10:09 :::