Mumbai, Maharashtra – February 21, 2022 – Haroon Janmohammad Betrywala, a Mumbai businessman, has been granted continued bail by the Sessions Court in Greater Mumbai in a case involving a dishonored cheque under Section 138 of the Negotiable Instruments Act. The court’s decision, delivered on February 18, 2022, acknowledged the bailable and compoundable nature of the offense and Betrywala’s adherence to bail conditions during the trial.

The case stemmed from a complaint filed by Tabrez Abdullah Shaikh, alleging that a cheque issued by Betrywala had been dishonored. Betrywala, facing charges under Section 138 of the Negotiable Instruments Act, had initially been granted bail during the trial proceedings. Subsequently, he filed Criminal Bail Application No. 162 of 2022 in Criminal Appeal No. 27 of 2022, seeking continued bail.

During the hearing, Betrywala’s lawyer, Mr. S.K. Tiwari, argued that his client had not misused the liberty granted to him by the trial court. He emphasized that Betrywala had complied with all bail conditions and demonstrated good conduct throughout the trial. This, coupled with the fact that the offense under Section 138 of the Negotiable Instruments Act is both bailable and compoundable, formed the basis of his plea for continued bail.

Representing the complainant, Tabrez Abdullah Shaikh, Advocate Manoj Jaiswal, presented his arguments before the court. Ms. Sanjana Sharma, S.P.P., appeared for the State of Maharashtra.

Her Honour Judge Jayshri R. Pulate, presiding over the Sessions Court, considered the arguments from all parties. The court noted the bailable and compoundable nature of the offense and acknowledged Betrywala’s compliance with previous bail conditions.

In her ruling, Judge Pulate ordered that Betrywala be released on the existing cash bail of Rs. 25,000, which he had previously deposited with the trial court. This bail is to continue until further orders. The court also directed that certified copies of the order be provided to all parties involved.

The decision highlights the court’s consideration of the specific nature of the offense and the accused’s conduct when deciding on bail matters. In cases involving offenses under the Negotiable Instruments Act, the courts tend to recognize the bailable and compoundable characteristic, provided the accused demonstrates compliance with court orders and does not pose a flight risk or a threat to the judicial process. This case serves as an example of that legal process.