P.S. VISHWANATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has challenged the order dated 02 /03/2023 passed by the Additional Sessions Judge, Greater Bombay, in Miscellaneous Application No.1998 of 2022. The Petitioner was the accused in case No.701836/SS/2016 before the Metropolitan Magistrate, 70th Court, Mazgaon, Mumbai. He faced the prosecution for commission of offence punishable u/s 138 of the Negotiable Instruments Act . At the conclusion of trial, he was sentenced to suffer simple imprisonment till rising of the Court and to pay a fine of Rs.28,30,270.00 to the complainant as compensation u/s 357(3) of Cr.P.C . and in default to undergo further simple imprisonment for one month.

(2.) The Petitioner preferred an Appeal against the said order of the Trial Court before the Sessions Court being Criminal Appeal No.396 of 2022. In that Appeal, an application for suspension of sentence was made vide Miscellaneous Application No.1998 of 2022. Learned Additional Sessions Judge, Greater Bombay, passed an order directing suspension of sentence subject to depositing 25% of the compensation amount which came to Rs.7,07,568.00 within 60 days before the Trial Court.

(3.) The Petitioner also filed Bail Application No.2341 of 2022 in Criminal Appeal No.396 of 2022, wherein Additional Sessions Judge suspended the sentence on the condition of depositing 20% of the compensation amount which came to around Rs.5,66,054.00 before the Trial Court within 60 days.