Mumbai, February 18, 2022: The Sessions Court of Greater Mumbai has granted bail to businessman Haroon Janmohammad Betrywala in connection with an appeal against his conviction under Section 138 of the Negotiable Instruments Act, 1881. The bail was granted by Additional Sessions Judge Jayshri R. Pulate (C.R. No.34) in Criminal Bail Application No. 162 of 2022, arising from Criminal Appeal No. 27 of 2022.
Case Background
The case originates from a complaint filed by Tabrez Abdullah Shaikh, a businessman residing in Andheri (West), Mumbai. The complaint alleged that Betrywala had issued a cheque that was dishonored upon presentation due to insufficient funds. Consequently, a case under Section 138 of the Negotiable Instruments Act was registered against Betrywala, leading to his conviction by the trial court.
During the trial, Betrywala was on bail and had complied with all conditions imposed by the court. Following his conviction, he moved the Sessions Court, filing an appeal against the order and seeking bail during the pendency of the appeal.
Court Proceedings and Arguments
Betrywala’s counsel, Advocate S.K. Tiwari, argued that the offense under Section 138 of the Negotiable Instruments Act is both bailable and compoundable. He further submitted that his client had not misused the liberty granted to him during the trial and had cooperated with all court proceedings.
Representing the complainant, Advocate Manoj Jaiswal opposed the bail application, while the State of Maharashtra was represented by Special Public Prosecutor Ms. Sanjana Sharma.
After hearing the arguments from both sides, the court observed that the offense in question is indeed bailable and compoundable under the law. Taking into account that Betrywala had been on bail during the trial and had complied with court orders, the judge ruled in his favor.
Court Order
In the order dated February 18, 2022, Judge Pulate directed that:
- Applicant/Original Accused Haroon Janmohammad Betrywala be released on cash bail of Rs. 25,000/- (Twenty-Five Thousand Only), which had already been deposited before the Trial Court, until further orders.
- Criminal Bail Application No. 162 of 2022 in Criminal Appeal No. 27 of 2022 stands disposed of accordingly.
- Both parties are to be provided with an authentic copy of the order.
The order was officially uploaded on February 21, 2022, at 5:30 p.m. by stenographer Ms. Ujwala J. Bhagat.
Implications of the Ruling
The decision to grant bail indicates that the appellate court acknowledges the applicant’s adherence to legal procedures while his appeal is pending. As the appeal process continues, Betrywala remains at liberty, subject to further judicial determinations.
This case serves as a reminder of the legal recourse available under the Negotiable Instruments Act for dishonored cheques and the rights of both complainants and accused individuals in financial disputes.