Allowed

Pratap Gopaldas Talreja v. Jalgaon Consumers Product Vitarak Urban Cooperative Credit Society Limited, Jalgaon and Anr.

Bombay HC18 Nov 2021APPLN/749/2021

Case brief

AI extract

What is this about?

Criminal Application challenging the cancellation of bail due to failure to deposit compensation within the initial timeframe, allowing the application and restoring the earlier suspended sentence order upon applicant's deposit.

What did the court decide?

Impugned order set aside; order dated 01.02.2020 restoring suspension of sentence restored; applicant required to furnish fresh PR bond with surety.

Pratap Gopaldas Talreja Vs Jalgaon Consumers Product Vitarak… — Cheque Dishonour | Bombay HC (2021)

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( 1 ) cria749.21

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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932 CRIMINAL APPLICATION NO.749 OF 2021

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PRATAP GOPALDAS TALREJA

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VERSUS

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JALGAON CONSUMERS PRODUCT VITARAK URBAN COOPERATIVE
CREDIT SOCIETY LIMITED, JALGAON AND ANR

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Mr.Govind Kulkarni h/f. Mr.D.R. Deshmukh, Advocate for
the applicant.

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Mrs.G.L. Deshpande, APP for the respondent/State.

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CORAM : N.R.BORKAR, J.
DATED :18.11.2021

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PC :-

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01.This application takes an exception to order

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dated 09.02.2021 passed by the Additional Sessions Judge,

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Jalgaon below Exh.19 in Criminal Appeal No.13 of 2020.

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02.The complaint case was filed against the

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applicant for the offence punishable under section 138 of

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the Negotiable Instruments Act. The applicant was

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convicted for the said offence. Against the said
conviction, the applicant has filed appeal before the

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Sessions Court. The application for suspension of
sentence was moved before the Appellate Court. Said

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application was allowed by the Additional Sessions Judge
and sentence was suspended and the applicant was released
on bail on the condition that the applicant shall deposit
20% amount of compensation within 60 days.

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03.Learned Counsel for the applicant submits that
due to pandemic the applicant could not arrange the
amount which he was required to deposit. It is submitted
that thus the application was moved for giving him
installments of Rs.25,000/-. It is submitted that the
learned Appellate Court rejected the said application and
the bail which was granted to the applicant, came to be
cancelled. It is submitted that as the applicant was
absent on that day, non-bailable warrant was issued
against the applicant.

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04.Learned Counsel for the applicant submits that
on 16.09.2021, the applicant has deposited an amount of
Rs.6,40,000/- as per the order of the learned Appellate
Court. It is submitted that in these circumstances the

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order impugned be set aside.

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05.In view of deposit of the amount by the
applicant, it would be appropriate to quash the order
impugned. Hence, following order is passed :-

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O R D E R

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(i) The application is allowed.

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(ii)The order impugned is set aside and the
order dated 01.02.2020 passed by the Appellate
Court below Exh.4 is restored. However, the
applicant shall furnish fresh PR bond with
surety.

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(iii)The application is disposed of.

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snk/2021/NOV21/cria749.21

Pratap Gopaldas Talreja v. Jalgaon Consumers Product Vitarak Urban Cooperative Credit Society Limited, Jalgaon and Anr.

Case brief

What is this about?

What did the court decide?

Pratap Gopaldas Talreja v. Jalgaon Consumers Product Vitarak Urban Cooperative Credit Society Limited, Jalgaon and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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