Mumbai, October 4, 2022 – In a significant legal development, the Sessions Court of Greater Mumbai has granted bail to businessman Nisar Ahmed @ Nisarahmed Faizuddin Ansari, who was convicted under Section 138 of the Negotiable Instruments Act, 1881, in a cheque bounce case. The order, passed by Additional Sessions Judge Mrs. Madhuri M. Deshpande (C.R. No. 41), has stayed the execution of the sentence imposed by the Metropolitan Magistrate, 53rd Court, Mulund, Mumbai, until the final disposal of the appeal.
Case Background
The case originates from Criminal Case No. 253/SS/2018, wherein the complainant, Sunil Parasnath Bharati, proprietor of M/s. Aditya Alloys, alleged that a cheque issued by Ansari had bounced due to insufficient funds. As a result, the Metropolitan Magistrate convicted Ansari and sentenced him to three months of simple imprisonment. Additionally, the court directed Ansari to pay compensation of Rs. 2,00,000 to the complainant under Section 357(3) of the Code of Criminal Procedure, 1973. In case of default in payment, he was required to undergo an additional six months of simple imprisonment.
Challenging this decision, Ansari filed an appeal (Criminal Appeal No. 202/2022) before the Sessions Court, arguing that he had a fair chance of success and requesting a stay on the execution of his sentence.
Court Proceedings and Decision
Represented by Advocate Adil Mirza, Ansari contended that the appeal was filed within the prescribed limitation period and sought bail until the final adjudication of his appeal. The complainant, represented by Advocate Joginder Varma, opposed the bail application, while Additional Public Prosecutor Mrs. Meera Chaudhary appeared for the State.
After hearing both sides and reviewing the case records, the court granted bail to Ansari. Judge Deshpande noted that the appellant was willing to abide by the conditions imposed and observed that, considering the provisions of Section 148 of the Negotiable Instruments Act, bail was justified.
Bail Conditions
The court issued the following conditions for Ansari’s bail:
- He shall furnish a P.R. bond of Rs. 15,000 with one solvent surety of the same amount.
- He shall not leave India without prior court permission until the appeal is concluded.
- He shall not commit a similar offense in the future.
The order also directed Ansari to furnish bail before the lower court and instructed the trial court to be informed accordingly.
Legal Implications
This decision provides relief to Ansari while also underscoring the legal recourse available under the Negotiable Instruments Act for individuals convicted in cheque bounce cases. The case will now proceed in the Sessions Court for a final ruling on the appeal.
Next Steps
With the sentence stayed, the focus now shifts to the appellate proceedings, where the Sessions Court will examine the merits of the conviction and the appellant’s arguments. The outcome will determine whether the initial conviction is upheld or overturned.
For now, Ansari remains free on bail as he continues to contest the charges against him.
