Court discharged suspended sentence of applicant convicted under Section 138 NI Act and enlarged him on bail pending further compliance of compensation conditions imposed.
Sentence suspended; bail granted on PR bond 15,000/- with sureties and deposit of 1,00,000/- within two weeks and balance compensation within six weeks of release.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 of 2 8.APPR.17.2018
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.17 OF 2018
Kishor Anant Vichare Applicant versus Mitali Milind Mayekar and others Respondents
Mr.Mahesh N. Devlekar for applicant. Ms.R.M.Gadhvi, APP, for State.
CORAM : PRAKASH D. NAIK, J. DATE : 17th January 2018
PC :
2 of 2 8.APPR.17.2018
ORDER
(i) The sentence of imprisonment passed by learned Judicial Magistrate, First Class, Court No.3, Ratnagiri, in Summary Criminal Case No.445 of 2015, which has been confirmed by the Sessions Court, Ratnagiri vide judgment and order dated 3rd January 2018 passed in Criminal Appeal No.17 of 2018, is suspended and the applicant is directed to be enlarged on bail on furnishing PR bond in the sum of Rs.15,000/- with one or more sureties in the like amount; (ii) The applicant is directed to deposit Rs.1,00,000/- within two weeks from the date of release of the applicant on bail, in Trial Court and balance amount of compensation within six weeks from the date of release;
(iii) It is made clear that in case there is breach of the conditions imposed in this order, the order granting bail shall stand vacated forthwith;
(PRAKASH D. NAIK, J.)
MST
2 issues framed by the court
Whether enrollment for bail is appropriate after disposal of bail application under Section 439 CrPC
Whether suspension of sentence is admissible in case connected with cheque bounce
1 provisions across 1 enactments
Kishor Anant Vichare
Mitali Milind Mayekar
Prakash D. Naik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
