Mumbai, India – February 3, 2024 – A Mumbai Sessions Court has granted bail to Suchita Parshuram Kalekar, the proprietor of Shyam Beer Shop, who was 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. 256 of 2024, filed in connection with Criminal Appeal No. 63 of 2024.

Kalekar was convicted by the trial court on January 5, 2024, under Section 138 of the Negotiable Instruments Act, which pertains to the dishonor of cheques. She was sentenced to one year of simple imprisonment and ordered to pay a fine of Rs. 2,82,490 with 9% annual interest from the date of the order until realization, all within one month. In default, she faced an additional two months of simple imprisonment. The trial court also directed that the fine amount, if recovered, be paid to the complainant, M/s. H. Parson Pvt. Ltd., as compensation.

Appeal and Bail Application:

Kalekar, who had been on bail during the trial, challenged her conviction by filing an appeal. Subsequently, she filed a bail application seeking release pending the appeal’s outcome.

Court’s Reasoning and Decision:

Judge Shrikhande, after hearing the arguments presented by Kalekar’s advocate, considered that she was on bail during the trial and that she had challenged the conviction. The court also noted that the substantive sentence had been suspended. Taking these factors into account, the court deemed it appropriate to grant bail.

“As the appellant 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 has been suspended, I am of the view that the appellant/accused can be released on bail,” Judge Shrikhande stated in his order.

Bail Conditions:

Kalekar was granted bail on the following conditions:

• She must execute a personal recognizance (PR) bond of Rs. 20,000 with a surety of the same amount.
• She must furnish bail before the trial court within one month.
• She is given the liberty to furnish provisional cash bail for one month.

Implications:

The court’s decision highlights the process of granting bail to individuals convicted of offenses under the Negotiable Instruments Act, particularly when they have filed appeals challenging their convictions. It also emphasizes the court’s consideration of factors such as the accused’s conduct during the trial and the suspension of the substantive sentence. This case is a common example of how the courts handle appeals related to section 138 of the Negotiable Instrument Act.