HABIB ABBAS FAKIH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By Writ Petition (St.) No.4770 of 2020, under Article 227 of the Constitution of India, the petitioner/original complainant has impugned Order dtd. 28/9/2020 passed below Exh.-10 in Criminal Appeal No. 58 of 2020, by the learned Additional Sessions Judge, Raigad-Alibag, rejecting the said Application filed by him for modification of Order of suspension of sentence passed below Exh.-4, dtd. 27/2/2020 by the Appellate Court. By the said Order dtd. 27/2/2020 passed below Exh.-4, the Appellate Court while suspending sentence imposed upon the respondent No.2/original accused and granting him bail, has directed him to deposit 25% of total compensation awarded by the Trial Court within a period of 60 days from the date of the passing of the said Order and if the respondent fails to deposit the said amount within stipulated period, it will carry interest at the rate of 6% per annum.

(2.) Parties herein will be hereinafter referred to as per their original nomenclature before the Trial Court. The petitioner 'Habib' will be termed as 'complainant' and respondent 'Altaf' will be termed as 'accused'.

(3.) The Writ Petition (St.) No.7963 of 2020 is filed by original accused in S.C.C. No. 589 OF 2010, under Sec. 138 of the Negotiable Instruments Act, 1881 (for short, "N.I. Act"). The accused has impugned Order dtd. 28/9/2020 passed below Exh.-20 in Criminal Appeal No. 58 of 2020, allowing the said Application preferred by complainant for release of amount of Rs.47,07,500.00 deposited by the accused in furtherance of Order dtd. 27/2/2020 passed below Exh.-4 by the same Court.