Ramprakash Sankalp Mishra vs. The State Of Maharashtra
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Order Issued After Hearing
Purpose:
High On Board (Hob)
Before:
Hon'ble Hon'Ble Shri Justice S. M. Modak
Listed On:
12 Aug 2024
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Order Text
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
SATISH RAMCHANDRA SANGAR Digitally signed by SATISH RAMCHANDRA SANGAR Date: 2024.08.20 10:28:25 +0530
CRIMINAL REVISION APPLICATION NO.198 OF 2023 WITH INTERIM APPLICATION NO.2568 OF 2023
| Ramprakash Sankalp Mishra | Applicant |
|---|---|
| --------------------------- | ----------- |
vs.
The State of Maharashtra and Anr. …Respondents
*****
| Mr.R.K.Tiwari a/w Mr.A.B.Rawal:- | Advocates for Applicant. |
|---|---|
| Mr.H.J.Dedhia:- | APP for Respondent No.1– State. |
| Ms.Hindavi Ludbe a/w Ms.Jinal<br>Rathi i/b. Mr.Rahul Karnik:- | Advocates for Respondent No.2. |
***** CORAM : S. M. MODAK, J. DATE : 12 th AUGUST 2024
P. C. :-
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Heard learned Advocate for Respondent-Complainant.
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It is true that the Applicant was directed to file an Affidavit. The parties have settled the matter at Rs.14,50,000/- (Rupees Fourteen Lakh Fifty Thousand Only). An amount of Rs.9,00,000/- (Rupees Nine Lakh Only) is paid. The amount outstanding is Rs.5,50,000/- (Rupees Five Lakh Fifty Thousand Only). Neither the amount is paid nor an Affidavit is filed. The order dated 22nd July 2024 also provides for the consequences that in case of failure to comply with the Affidavit, the order of suspension will be recalled.
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The learned Metropolitan Magistrate – Borivali has sentenced the Accused No.1 for simple imprisonment of six (6) months and fine of Rs.10,20,000/- (Rupees Ten Lakh Twenty Thousand Only). Out of that, Rs.10,00,000/- (Rupees Ten Lakh Only) is to be paid to the Complainant.<sup>1</sup> Whereas, the Appellate Court has dismissed the Appeal as per the judgment dated 31st March 2023.<sup>2</sup>
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When the Revision has come before this Court on 18th July 2023 (Coram : Sarang V. Kotwal, J.), the Non-Bailable Warrant issued against the Applicant is stayed till the next date. There is no order of suspension.
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The stay granted on Non-Bailable Warrant is vacated. The Respondent-Complainant is at liberty to execute the sentence by excluding the amount which is paid to him.
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Stand over to 18 th November 2024.
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If the Applicant seeks early circulation, it can be considered only
<sup>1</sup> Page No.58
<sup>2</sup> Page No.65-66
if an Affidavit is filed or the balance amount is paid.
Later on:-
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Learned Advocate for the Applicant appeared and sought four (4) weeks time to deposit the remaining amount. It cannot be considered because already this Court has vacated the stay on Nonbailable warrant<sup>3</sup> .
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Let, the Applicant to come up with the amount immediately or to obtain a consent of the Complainant for grant of time.
[S. M. MODAK, J.]
<sup>3</sup> "NBW"