Mumbai, September 30, 2022 – Sushil Gangaram Desai, convicted in a cheque dishonor case, has been granted bail and suspension of sentence by Additional Sessions Judge Priya P. Bankar. The court ordered Desai to deposit 20% of the compensation amount awarded by the trial court within 60 days.

Desai was convicted by the Metropolitan Magistrate, 6th Court, Mazgaon (Sewree), Mumbai, in C.C. No. 3145/SS/2019. He subsequently filed Criminal Appeal No. 416 of 2022, along with a miscellaneous application for suspension of sentence and a bail application.

Arguments and Court Proceedings:

Advocate Vikas Kamble, representing Desai, stated that his client was ready to deposit 20% of the compensation amount but requested 60 days to do so. Advocate Jatin Shah, representing the complainant Meena Rajesh Shah, argued that Desai should be directed to deposit 50% of the amount, citing judgments from the Bombay High Court.

Judge Bankar, after hearing both sides, noted that Desai had made a case for suspension of sentence and bail during the pendency of the appeal. She also referred to Section 148 of the Negotiable Instruments (Amendment) Act, 2018, which allows the court to direct the convicted person to deposit a minimum of 20% of the fine or compensation awarded by the trial court.

The complainant submitted that the appellant had not deposited any amount in the Trial Court.

Court’s Decision and Order:

Considering the provisions of the law and the pendency of the complaint since 2019, Judge Bankar passed the following order:

• The miscellaneous application for suspension of sentence and the bail application were allowed.
• The substantive sentence passed by the trial court was suspended until the decision of the appeal, provided Desai deposits Rs. 4,00,000 (20% of compensation awarded) in the trial court within 60 days.
• If Desai fails to deposit the amount within the specified period, the stay on the sentence shall automatically be vacated.
• During the pendency of the appeal, Desai was granted bail on executing a Personal Recognizance (PR) Bond of Rs. 15,000 with one surety of the like amount.
• The trial court was directed to be informed accordingly.

Implications:

This decision highlights the court’s application of Section 148 of the Negotiable Instruments (Amendment) Act, 2018, which aims to provide some relief to the complainant during the pendency of an appeal in cheque dishonor cases. The court’s order to deposit 20% of the compensation amount balances the appellant’s right to appeal with the complainant’s right to receive the awarded compensation. The time limit of 60 days provided to the appellant to deposit the compensation, gives the appellant time to comply with the courts order.