Mumbai, India – April 19, 2024 – Sudhakar Vitthal Narvekar, a 61-year-old Mumbai resident, has been granted bail by a Sessions Court after being convicted in a cheque dishonor case. Additional Sessions Judge K.P. Shrikhande, presiding over Court Room No. 87 at Mazgaon, granted bail in Criminal Bail Application No. 377 of 2024, filed in connection with Criminal Appeal No. 95 of 2024.

Narvekar was convicted by the trial court on January 5, 2024, in C.C. No. 0602115/SC/2022, under Section 138 of the Negotiable Instruments Act. He was sentenced to one year of simple imprisonment and ordered to pay Rs. 7,00,000 as compensation to the complainant, Vijaykumar Ramchandra Walavalkar. In default of the compensation payment, he was to undergo an additional three months of simple imprisonment.

Appeal and Bail Application:

Narvekar, who was on bail during the trial, challenged his conviction by filing an appeal. Subsequently, he filed a bail application seeking release pending the appeal’s outcome.

Court’s Reasoning and Decision:

Judge Shrikhande, after hearing the arguments from the advocates representing both Narvekar and the complainant, considered that Narvekar was on bail during the trial and that he had challenged the conviction. The court also noted that the substantive sentence of imprisonment and the direction to pay compensation had been suspended. Taking these factors into account, the court deemed it appropriate to grant bail.

“As the appellant/accused was on bail during the period of trial, and as the appellant/accused has challenged the legality and propriety of the judgment of conviction by filing the appeal, and considering the same, as the substantive sentence of imprisonment and direction to pay compensation have been suspended, I am of the view that the appellant/accused can be released on bail,” Judge Shrikhande stated in his order.

Bail Conditions:

Narvekar was granted bail on the following conditions:

• He must execute a personal recognizance (PR) bond of Rs. 25,000 with a surety of the same amount.
• He must furnish bail before the trial court within one month.
• He is given the liberty to furnish cash security in lieu of a solvent surety.

Implications:

This case illustrates the procedure for granting bail to individuals convicted under Section 138 of the Negotiable Instruments Act when they have filed appeals. The court’s decision emphasizes the importance of considering the accused’s conduct during the trial, the filing of an appeal challenging the conviction, and the suspension of the sentence. This is a common practice when dealing with appeals for section 138 cases.