RAM NAGNATHRAO NILAWAR Vs. HARIBHAU

JUDGEMENT

(1.) HEARD Mr. P.R. Katneshwarkar, learned Counsel for the petitioner.

(2.) THE petitioner was tried for offence under Section 138 of the Negotiable Instruments Act in the Court of Judicial Magistrate, First Class, Parbhani and by judgment and order dated 04.01.2007, in S.C.C. No.889/2004, the learned Magistrate, after having convicted the petitioner for the offence under Section 138 of the Negotiable Instruments Act, sentenced him to pay fine of Rs.5000/-, in default to suffer simple imprisonment for two months and to pay compensation of Rs.50,000/- to the complainant. The petitioner then carried this order in appeal to the Sessions Court by preferring Criminal Appeal No.10/2007, which was heard by learned Ad hoc Additional Sessions Judge-1, Parbhani. The learned Ad hoc Additional Sessions Judge-1, Parbhani, while considering petitioner's application Exhibit-5 in that appeal, passed an order on 18.01.2007 allowing the application and the petitioner was directed to be released on bail on furnishing personal bond of Rs.15,000/- with one surety in the like amount. The learned Judge further directed that the petitioner shall deposit an amount of Rs.10,000/- today itself and he should deposit the remaining amount of Rs.15,000/- within one month i.e. on or before 18.02.2007 and subject to fulfillment of these conditions, the sentence as per the judgment of the trial Court dated 04.01.2007, shall stand suspended.

(3.) IN this view of the matter and having regard to the nature of the order passed by the learned Adhoc Additional Sessions Judge-1, Parbhani, I feel that the petition is to be disposed of with direction to the learned Ad hoc Additional Sessions Judge-1, Parbhani, to consider the application, if any, moved by the present petitioner. The learned Judge shall consider as to how much amount the petitioner has to deposit as a precondition for granting bail and in that context, the learned Judge shall also take into consideration that the petitioner has already deposited an amount of Rs.10,000/- out of an amount of Rs.25,000/-, which the learned Judge has directed him to deposit. Three weeks' time is granted to the petitioner for approaching the learned Ad hoc Additional Sessions Judge-1, Parbhani. Till then, no coercive action shall be taken against the petitioner.