Criminal Writ Petition challenging order requiring deposit of compensation. Court dismissed petition summarily but extended 15 days for payment.
Period for deposit of Rs. 2 lakhs extended by 15 days from today.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 119 OF 2008
Vishwas Mahadeo Tiruke .... Petitioner
versus
Karamveer Bhaurao Patil
Zilla Sahakari Pat Sanstha Ltd....... Respondent.
Shri S.S.Tambekar for the petitioner.
Shri A.S.Shitole APP for State.
CORAM; A.P. DESHPANDE, J.
DATED; 23RD JANUARY, 2008
P.C.;
1. By this petition the petitioner has taken
exception to that part of the order passed by the 4th
Ad-hoc Additional Sessions judge, Kolhapur dated
20-12-2007 which goes to direct the petitioner to
deposit a sum of Rs. 2 lakhs being part of the
compensation amount within 15 days from the date of
the order failing which the order suspending the
substantive sentence would stand vacated.
2. The petitioner had tendered a cheque in the sum of
Rs. 16,76,000/- and the trial court directed the
present petitioner to pay compensation in the sum of
Rs.18,00,000/- to the respondent/complainant and out
of the said sum the appellate court had only directed
to deposit a sum of Rs.2 lakhs. I do not find any
fault with the order imposing the condition of deposit
of Rs. 2 lakhs. However, the learned counsel for the
petitioner submits that by the impugned order only 15
days time was granted to deposit the amount and the
said period has expired and hence the petitioner
apprehends the revival of the substantive sentence.
Hence he prays for extension of time by 15 days from
today. Therefore, though the petition stands
dismissed summarily, I extent the period for deposit
of the amount of Rs. 2 lakhs by 15 days from today.
1 issue framed by the court
Whether to grant extension of time for depositing compensation amount after initial 15-day period expired.
Vishwas Mahadeo Tiruke
Karamveer Bhaurao Patil
A.P. Deshpande
As recorded by the court registry
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