Mumbai, January 24, 2024: In a significant development, the Sessions Court at Mazgaon granted bail to businessman Punit Shantilal Gada after he was convicted by the trial court under Section 138 of the Negotiable Instruments Act. The conviction was related to a cheque bounce case, and Gada was sentenced to a fine of Rs. 10,000, with an additional compensation amount of Rs. 3,50,000 to be paid to the complainant. In case of default, he was ordered to undergo imprisonment.
Case Background: The case was initiated by complainant Advocate Ankit Mulchand Mota, who had accused Gada of issuing a cheque that was dishonored upon presentation. Following a trial, the court found Gada guilty and sentenced him on December 19, 2023. The trial court imposed a penalty, including a fine and compensation, and ruled that non-compliance with the order would result in simple imprisonment.
Bail Application and Court Proceedings: Gada, through his legal representatives, Mr. Suryaprakash S. Dube and Ms. Sakhi S. Dube, challenged the trial court’s decision by filing an appeal (Criminal Appeal No. 36 of 2024) in the Sessions Court. He sought bail on the grounds that he was on bail during the trial period and had now appealed against his conviction. The defense argued that since the substantive sentence and compensation order had been suspended pending appeal, Gada should be granted bail.
Respondent No.1, the original complainant, did not appear before the court during the bail hearing. However, Additional Public Prosecutor Mr. R. A. Mahakal represented the State of Maharashtra.
Court’s Decision: Considering the appeal, Additional Sessions Judge K.P. Shrikhande (C.R. No. 87) noted that Gada had been on bail during the trial and that his sentence had been suspended upon appeal. Consequently, the court granted bail under the following conditions:
- Gada was released on bail upon executing a personal bond of Rs. 30,000 with a surety of the same amount.
- He was required to furnish bail before the trial court within one month.
- The court permitted him to provide provisional cash bail for one month.
With these conditions, Criminal Bail Application No. 126 of 2024 was disposed of on January 19, 2024.
Legal Implications: This case highlights the procedural aspects of cheque bounce cases under the Negotiable Instruments Act and underscores the role of the appellate process in reviewing trial court verdicts. As the appeal progresses, further legal scrutiny will determine the final outcome of Gada’s conviction and financial liabilities.
The case remains ongoing, with further proceedings expected in the appellate court.