Allowed

Nandu Hukumchand Pawar v. Raver Peoples Co-Oprative Society Limited, Raver through Its Manager Kalidas Daldas Wani

Bombay HC14 Jun 2023APPLN/1278/2023

Case brief

AI extract

What is this about?

In a criminal revision application, the High Court of Judicature at Bombay Bench at Aurangabad suspended the sentence of imprisonment and fine imposed on the applicant for an offence under Section 138 of the Negotiable Instruments Act, 1861, and granted bail by requiring execution of bail bonds.

What did the court decide?

The sentence of one month rigorous imprisonment and fine of Rs. 1,10,000/- was suspended till conclusion of the revision. The applicant was released on bail upon executing personal and surety bonds of

Nandu Hukumchand Pawar Vs Raver Peoples Co-Oprative… — Service and Employment | Bombay HC (2023)

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963 Cri. Appln. No. 1278-2023.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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CRIMINAL APPLICATION NO. 1278 OF 2023

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IN

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CRIMINAL REVISION APPLICATION NO. 103 OF 2023

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NANDU HUKUMCHAND PAWAR
VERSUS

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RAVER PEOPLES CO-OPRATIVE SOCIETY LIMITED, RAVER
THROUGH ITS MANAGER KALIDAS DALDAS WANI

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Advocate for Applicants : Mr. Bhosale Mahesh Kalidas
Advocate for the respondent : Mr. A.J. Patil Mr. A. B. Parte

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CORAM : S. G. MEHARE, J.

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DATE : 14.06.2023

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PER COURT :

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1.The applicant is seeking suspension of sentence imposed

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by the learned Judicial Magistrate First Class Court no.2, Raver
sentencing him to suffer rigorous imprisonment for one month and pay
a fine of Rs. 1,10,000/- and in default to suffer R. I. for one month for
the offence punishable under Sections 138 of the Negotiable
Instruments Act 1861 in S.S.C. No. 497 of 2012 dated 17.09.2013.
The learned Additional Sessions Judge, Bhusawal by judgment and
order in Criminal Appeal No. 193 of 2014, dated 09.02.2023, has
confirmed the sentence.

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2 963 Cri. Appln. No. 1278-2023.odt

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2.The learned counsel for the applicant made a statement that
today the applicant has been arrested under conviction warrant and
taken into custody to undergo sentence. He would argue that the
applicant has a good case on merit. He would further argue that there
was delay in filing the complaint. The other material grounds have not
been considered by the Courts. Hence the sentence may be suspended.

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3.The learned counsel for the respondent has vehemently opposed
the application contending that there was no probable defence. Hence,
both courts have correctly convicted the applicant.

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4.Perused the papers, impugned judgments and orders. There
appears ground available to the applicant to argue in revision. There
are no antecedents to the discredit of the applicant. He is a poor man.
Hence, the sentence is liable to be suspended. Hence, the following
order.

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ORDER
(i)The application is allowed.

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(ii)The implementation and execution of the sentence

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imposed by the leaned Judicial Magistrate First Class, Court No. 2
Raver District Jalgaon in S.C.C. Case No. 497/2012 dated 17.09.2013
convicting the accused for the offence punishable under Section 138 of

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963 Cri. Appln. No. 1278-2023.odt

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the Negotiable Instruments Act and confirmed by the learned
Additional Sessions Judge, Bhusawal in Criminal Appeal No. 193 of
2014, is suspended till conclusion of the revision.

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(iii) The applicant shall be released on bail on executing P.B.
and S.B. of Rs.50,000/- with one solvent surety of the like
amount.

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(iv) Bail before the learned Additional Sessions Judge, Bhusawal.

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(v) List the matter in due course.

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( S. G. MEHARE )
 JUDGE

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ysk

Nandu Hukumchand Pawar v. Raver Peoples Co-Oprative Society Limited, Raver through Its Manager Kalidas Daldas Wani

Case brief

What is this about?

What did the court decide?

Nandu Hukumchand Pawar v. Raver Peoples Co-Oprative Society Limited, Raver through Its Manager Kalidas Daldas Wani

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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