Mumbai, September 22, 2022 (Mumbai Legal News): The Additional Sessions Judge, Smt. Priya P. Bankar, at the Sessions Court for Greater Bombay, has issued a common order suspending the sentence and granting bail to M/s Sysco Industries Limited and its directors/officials (Applicants) pending the disposal of their appeal against a conviction in a cheque dishonour case. The order, dated September 22, 2022, was passed in Misc. Application No. 607 of 2022 for suspension of sentence and Bail Application No. 779 of 2022, both filed in connection with Criminal Appeal No. 533 of 2022 arising from C.C. No. 1297/SS/2018.

The Applicants, M/s Sysco Industries Limited and others, were convicted by the Learned Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai, on December 18, 2021, for the offence punishable under Section 138 read with Section 141 of the Negotiable Instruments Act. They were sentenced to simple imprisonment till the rising of the Court and directed to pay a fine of ₹11,03,473/- to the complainant, M/s Associated Dye Chem Corporation (Respondent), within two months, with a default imprisonment of three months.

The Applicants filed a Criminal Appeal challenging the judgment of conviction and simultaneously sought suspension of the sentence and bail during the pendency of the appeal, arguing that they had a strong case and a likelihood of success in the appeal.

Advocate Mr. Prashant Pandey appeared on behalf of the Applicants, while Mr. Reshant Shah, the learned APP, represented the Respondent (M/s Associated Dye Chem Corporation).

After hearing the arguments, Judge Bankar noted that the Appellants were challenging their conviction on various grounds and that the appeal would require time for its disposal. The court also acknowledged that the appeal was admitted after condoning the delay.

Considering that the accused were already on bail during the trial before the Metropolitan Magistrate and the time likely to be consumed in the appeal process, along with the provisions under Section 148 of the Negotiable Instruments (Amendment) Act, 2018, the court proceeded to pass a common order granting relief to the Applicants.

The Common Order issued by the Additional Sessions Judge, Smt. Priya P. Bankar, stated:

1. Misc. Application No. 607/22 and Cri. Bail Application No. 779/22 are allowed.
2. Execution of the sentence in the Judgment dated 18.12.2021 passed by Ld. Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai in C.C. No. 1297/SS/2018 is hereby suspended till the decision of this appeal on depositing ₹2,50,000/- (Rupees Two Lakhs Fifty Thousand only) within 30 days from the passing of this order.
3. If the accused fail to comply with the order of depositing the aforesaid amount within the specified period, the stay shall vacate automatically.
4. During the pendency of the appeal, the appellants/accused Nos. 3, 4, and 5 be released on bail on executing a PR Bond of ₹15,000/- (Rupees Fifteen Thousand Only) each with one surety in the like amount.
5. Miscellaneous Application No. 607/2022 and Bail Application No. 779/2022 are disposed of accordingly.
6. Inform the Ld. Trial Court accordingly.

This order provides significant relief to M/s Sysco Industries Limited and its concerned officials. The suspension of the sentence means they will not have to undergo the imprisonment or pay the fine immediately, pending the outcome of their appeal. The granting of bail to the individual accused (Nos. 3, 4, and 5) ensures their release from any custody they might have been in following the conviction, subject to furnishing the bail bonds. The condition of depositing ₹2,50,000/- likely serves as a partial security or as mandated under the amended Negotiable Instruments Act. The outcome of the appeal will ultimately determine the final disposition of the case.