Mumbai, January 31, 2024 – The Additional Sessions Court at Mazgaon, Mumbai, has granted bail to Ms. Nikita Vinod Shirodkar, a 31-year-old service professional from Margao, Goa, after she was convicted under Section 138 of the Negotiable Instruments Act for dishonoring a cheque. The order was passed by His Honour Additional Sessions Judge K. P. Shrikhande on January 23, 2024.
Case Background
Ms. Nikita Shirodkar was found guilty by the trial court on December 13, 2023, in a case filed by advocate Mr. Dharminder G. Gujral, the complainant. The trial court had sentenced her to pay a fine of Rs. 5,000, with a default clause of four months of simple imprisonment. Additionally, she was directed to pay Rs. 5,25,000 as compensation to the complainant, after deducting 20% of the interim compensation already paid. Failure to pay the compensation would result in a further simple imprisonment of one year.
Bail Plea and Court’s Observations
Following her conviction, Ms. Shirodkar appealed against the verdict and filed a bail application (Criminal Bail Application No. 79 of 2024) under Criminal Appeal No. 20 of 2024. Her legal counsel, Mr. B.G. Mule, argued that she had been on bail throughout the trial and had now challenged the trial court’s decision. The defense sought bail on the grounds that the appeal was pending and that the substantive sentence had been suspended.
The court, after considering the arguments, observed that as the appellant was already out on bail during the trial and had now appealed against the conviction, she was eligible for bail. Consequently, the court granted her bail on a personal bond of Rs. 25,000, along with a surety of the same amount.
Bail Conditions
The court directed Ms. Shirodkar to furnish the bail before the trial court within a month. It also provided her with the liberty to furnish provisional cash bail for one month.
Legal Implications
This case highlights the legal consequences of cheque bounce cases under the Negotiable Instruments Act, 1881. Section 138 of the Act criminalizes the dishonoring of cheques due to insufficient funds or other reasons, mandating financial penalties and potential imprisonment.
Ms. Shirodkar’s conviction and subsequent bail order underline the strict legal stance taken against financial dishonesty while also demonstrating the appellate process available to the accused. The outcome of her appeal remains to be seen as the case progresses.
Conclusion
With the bail order issued, Ms. Shirodkar now has temporary relief while her appeal is under consideration. The final judgment in the case will determine whether the conviction is upheld or overturned. As the legal battle continues, the case serves as a reminder of the importance of honoring financial commitments and the legal remedies available to affected parties.
For further updates, stay tuned.
