Allowed

Rajendra Hiralal Kucheriya v. Shyam Consruction Thr Banwari Shri Yadav Since Deceased Thr Legal Heirs Gauri Banwari Yadav and Anr.

Bombay HC16 Apr 2019APPR/90/2019

Case brief

AI extract

What is this about?

In bail and sentence suspension application regarding cheque dishonour conviction, High Court allowed the application. Sentence suspended pending review application. Bail granted with bond and directed to deposit additional funds with sureties.

What did the court decide?

Sentence suspended; bail granted with P.R. bond of Rs.15,000/- and two sureties; directed to deposit Rs.2,50,000/- in trial court by 2nd June, 2019.

Rajendra Hiralal Kucheriya Vs Shyam Consruction Thr Banwari… — Cheque Dishonour | Bombay HC (2019)

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509.APPR90_2019.doc

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Vidya Amin.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

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CRIMINAL APPLICATION NO. 90 OF 2019 IN CRIMINAL REVISION APPLICATION NO. 77 OF 2019 WITH

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CRIMINAL REVISION APPLICATION NO. 77 OF 2019

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Rajendra Hiralal Kucheriya … Applicant vs. Shyam Construction, through Banwari Yadav (Decd.) through LRs. Gauri Banwari Yadav & Ors. … Respondents

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Mr. Pritam P. Runwal, Advocate for the applicant. Mr. A.R. Patil, APP for the respondent/State.

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CORAM: Mrs.MRIDULA BHATKAR, J. DATED: 16^th April, 2019

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P.C. :

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Upon urgent mentioning, taken on production board.

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The Criminal Application is moved by the applicant/accused

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for suspension of sentence and for bail pending the Criminal Revision Application. The applicant/accused was convicted for the offences punishable under section 138 of Negotiable Instruments Act and is sentenced to suffer rigorous imprisonment for six months and pay compensation of Rs.14,00,000/- and in default, to suffer simple imprisonment for three months by judgment and

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509.APPR90_2019.doc

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order dated 13^th January, 2015 passed by the learned Judicial Magistrate First Class, 3^rd Court, Nashik in S.C.C. No. 1762 of 2003. The said judgment and order was confirmed in Regular Criminal Appeal No. 32 of 2015 by judgment dated 3^rd January, 2019 passed by the learned Additional Sessions Judge-7, Nashik.

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The learned Counsel for the applicant/accused submitted that it is a bailable offence. Further, the applicant/accused was on bail throughout the trial and also during the appeal. He submitted that the applicant has already deposited Rs.3,00,000/- out of cheque amount of Rs.14,00,000/- in the trial Court.

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Learned Prosecutor is present and submits to the orders of the Court.

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In view of the submissions of the learned Counsel and also as there is no chance that the Revision Application will be heard in near future, the Application is allowed on the following terms:

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i) The sentence is suspended, pending this Criminal Revision Application;

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ii) The applicant/accused shall be released on bail upon furnishing a P.R. Bond in the sum of Rs.15,000/- with one or

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509.APPR90_2019.doc

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two sureties in the like amount before the trial Court;

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(iii) The applicant/accused is directed to deposit a sum of Rs. 2,50,000/- in the trial Court on or before 2^nd June, 2019.

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(iv) The applicant/accused shall make himself available on all the Court dates.

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(v) The applicant/accused shall not indulge into any criminal activity;

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Issue notice to the respondents in the Criminal Revision Application, returnable on 6^th August, 2019.

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Criminal Application stands disposed of accordingly.

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(MRIDULA BHATKAR, J.)

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Rajendra Hiralal Kucheriya v. Shyam Consruction Thr Banwari Shri Yadav Since Deceased Thr Legal Heirs Gauri Banwari Yadav and Anr.

Case brief

What is this about?

What did the court decide?

Rajendra Hiralal Kucheriya v. Shyam Consruction Thr Banwari Shri Yadav Since Deceased Thr Legal Heirs Gauri Banwari Yadav and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

Coram

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