MHCC020097782022
IN THE COURT OF SESSIONS OF GREATER BOMBAY
AT MUMBAI
COMMON ORDER
IN
MISC. APPLICATION NO. 1391 OF 2022
AND
BAIL APPLICATION NO. 1801 OF 2022
IN
CRI. APPEAL NO. 416 OF 2022
(C.C. No. 3145/SS/2019)
Sushil Gangaram Desai
Aged 51 yrs., Indian inhabitant,
Occu Business,
Having address at Master Plaza,
Jakadevi Khalgaon,
Taluka and district Ratnagiri,
Maharashtra 415620
….Applicant (Orig. Accused)
Versus.
1. Meena Rajesh Shah
Aged 51 years, Indian inhabitnt,
Residing at – 604, Nilgiri, Neelkanth Vihar,
Shaheed Bhagar Singh Kanwaram Marg,
Ghatkopar (E), Mumbai 400 077,
Through constituted attorney
Mr. Nishit Yogesh Kothari
Aged 37 years, Indian Inhabitant
….Respondent No.1/Original
Complainant
2. State of Maharashtra
.… Respondent No.2.
.. 2 ..
Common Order in
MA 1391/22 and B.A. 1801/22
APPEARANCES:
Mr. Vikas Kamble, Ld. Advocate for the applicant.
Mr. Jatin Shh with Ms. Snehankita Mung, Ld. Advocate for
respondent No.1.
Ms. S. S. Joshi, Ld. APP for State/respondent No.2.
CORAM :
DATED :
SMT. PRIYA P. BANKAR
Addl. Sessions Judge(C.R. NO. 18)
29th SEPTEMBER, 2022.
COMMON ORDER
This Misc. application is filed by an applicant for
suspension of sentence in order dtd. 22.06.2022, passed by Ld.
Metropolitan Magistrate, 6th Court, Mazgaon (Sewree), Mumbai in C.C.
No. 3145/SS/2019 and Cri. Bail application No. 1801/22 is filed to
release the accused on bail during pendency of appeal.
2.
Today the respondent has appeared before the Court.
Heard Mr. Viks Kamble, Ld. advocate for the appellant as well as Ms.
Snehankita Munj, Ld. Advocate for respondent No. 1 and Ms. S.S. Joshi,
Ld. APP for respondent no.2/State.
3.
It is submitted by Ld. Advocate for the appellant that he is
ready to pay 20% amount of the compensation but seeking time of 60
days to deposit the amount. On the other hand Ld. Advocate for the
respondent has argued that appellant be directed to deposit 50% of the
amount. In support of the same, respondent has relied upon the case of
Amin Rangara V/s State of Maharashtra [Judgment dtd. 16.12.2019
of Hon’ble Bombay High Court in Cr. Application No. 1 of 2019 in
Cr. Writ Petition No. 4822 of 2019] and case of Alpesh Mehta V/s
.. 3 ..
Common Order in
MA 1391/22 and B.A. 1801/22
Heenaben Chheda [Unreported Judgment of Hon’ble Bombay High
Court in Cr. Writ Petition No. 4465 of 2018 dated 30.11.2018].
4.
Considering the arguments advanced, I find that the
accused has made out the case for suspension of substantive sentence
and to release him on bail, during pendency of the appeal. At the same
time, as per the provision of newly amended section 148 in the
Negotiable Instruments (Amendment) Act, 2018, in case of conviction,
the accused can be directed to deposit minimum amount of 20% of the
fine or compensation, awarded by the Ld. Trial Court, in addition to the
interim compensation, paid by the appellant/accused under Section
143A of the said Act.
5.
It is submitted by the respondent that appellant has not
deposited any amount in the Trial Court. So considering the provisions
under law and that since 2019 the complaint is pending, I proceed to
pass the following order :
ORDER
1.
Misc. Application No. 1391/22 and Cri. Bail Application
No. 1801/2022 are allowed.
2.
The substantive sentence passed in the Judgment dated
22.06.2022 passed by Ld. Metropolitan Magistrate, 6 th
Court, Mazgaon (Sewri), Mumbai in C.C. No.
3145/SS/2019 is hereby suspended till the decision of
this appeal on depositing amount of Rs. 4,00,000/ (Rs.
Four lakhs only) in trial Court within sixty days from
passing of this order.
3.
If accused has failed to comply with order of depositing
aforesaid amount, within specified period the stay shall
vacate automatically.
.. 4 ..
Common Order in
MA 1391/22 and B.A. 1801/22
4.
During
the
pendency
of
the
appeal,
the
appellants/accused be released on bail on executing
PR Bond of Rs.15,000/(Rupees Fifteen Thousand
Only) with one surety in like amount.
5)
Miscellaneous Application No. 1391/2022 and Bail
Application No.1801/2022 are disposed of accordingly.
6)
Inform Ld. Trial Court accordingly.
PRIYA
PRAMOD
BANKAR
Digitally signed
by PRIYA
PRAMOD
BANKAR
Date: 2022.10.01
11:15:42 +0530
(PRIYA P. BANKAR)
Additional Sessions Judge
City Civil and Sessions Court,
Gr. Bombay, Mumbai
Date : 29.09.2022.
Dictated on
Transcribed on
Signed on
: 29.09.2022
: 29.09.2022
: 30.09.2022
CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
JUDGEMENT/ORDER”
UPLOAD DATE
30.09.2022
TIME
NAME OF STENOGRAPHER
11.30 a.m.
Aparna V. Lele (H.G.)
Name of the Judge
Date of Pronouncement of Judgment/Order.
HHJ Smt. P.P. Bankar
(CR No.18)
29.09.2022
Judgment/order signed by P.O on
30.09.2022
Judgment/order uploaded on
30.09.2022