Bombay High Court
Onkar Ramchandra Athawale Prop. Of M/S. ... vs Awade Industries Private Limited And ... on 10 January, 2022
Author: Revati Mohite Dere
Bench: Revati Mohite Dere
Digitally
signed by
RUPALI
14A.IA 84-2022.doc
RUPALI RAJESH
RAJESH WAKODIKAR
WAKODIKAR Date:
2022.01.11
16:51:50
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 84 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 41 OF 2022
Onkar Ramchandra Athawale
Prop.of M/s Bhima Colour Cartoons ...Applicant
Versus
Awade Industries Private Limited and Anr. ...Respondents
Mr. Satyavrat Joshi i/b Nitesh Mohite for the Applicant.
Mr. S.S. Pednekar, A.P.P for the Respondent-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 10th JANUARY, 2022
(Through Video Conferencing)
P.C. :
1. By this application, the applicant seeks suspension of his
sentence and enlargement on bail, pending the hearing and final disposal of
the aforesaid revision application.
2. The applicant vide judgment and order dated 16th January, 2020
passed by the learned Judicial Magistrate, First Class, Ichalkaranji, District
Kolhapur in Summary Criminal Case No. 1202 of 2014 has been convicted
for the offence punishable under Section 138 of the Negotiable Instruments
Wakodikar 1/3
14A.IA 84-2022.doc
Act and has been sentenced to suffer simple imprisonment for six months
and to pay compensation of Rs.5,12,858/- to the respondent No.1 (original
complainant) and in default, to further undergo simple imprisonment for
one month. The said judgment and order of conviction and sentence was
partly confirmed by the Additional Sessions Judge, Ichalkaranji, District
Kolhapur vide judgment and order dated 30th November, 2021 in Criminal
Appeal No. 6 of 2020.
3. The learned Additional Sessions Judge confirmed the
conviction under Section 138 of the Negotiable Instruments Act and
sentence awarded by the Trial Court, however, set aside the direction to pay
compensation to the complainant i.e. respondent No.2.
4. Issue notice to the respondents returnable on 21st February,
2022. Learned APP waives notice on behalf of the Respondent No.2/State.
In addition to Court notice, learned Counsel for the applicant to serve the
respondent No.1 by Advocate's notice and file affidavit of service before
the next date.
5. In the meantime, the applicant's sentence is suspended and he
is granted interim bail on the following terms and conditions;
Wakodikar 2/3
14A.IA 84-2022.doc
ORDER
(i) The applicant be released on cash bail in the sum of Rs.10,000/-, for a period of three weeks;
(ii) The applicant shall within the said period of three weeks, furnish P.R. Bond in the sum of Rs.10,000/- with one or two sureties in the like amount.
6. Stand over to 21st February, 2022 at 2.30 p.m. REVATI MOHITE DERE, J.
Wakodikar 3/3