Mumbai, April 9, 2025 (Thane News Network): In a relief for the appellants, the Additional Sessions Judge of the City Civil & Sessions Court, Greater Mumbai, Mrs. Madhuri M. Deshpande, has granted bail to Naresh Kalulal Jain, a director of M/s. Rajesh Telecom, and stayed the sentence of imprisonment awarded to him in a cheque dishonour case. The order was passed on September 23, 2022, in Criminal Bail Application No. 712 of 2022 arising out of Criminal Appeal No. 162 of 2022.

The present appeal was filed by M/s. Rajesh Telecom and Naresh Kalulal Jain against a Judgment and Order dated March 5, 2022, passed by the Learned Metropolitan Magistrate, 7th Court, Dadar, Mumbai, in Criminal Case No. 1427/SS/2016. In the said case, the respondent no. 2, Yogesh Jugalkishore Mehta, the original complainant, had filed a complaint under Section 138 of the Negotiable Instruments Act, 1881, alleging cheque dishonour.

As per the Metropolitan Magistrate’s order, Naresh Kalulal Jain was convicted under Section 138 read with Section 141 of the Negotiable Instruments Act, 1881, and sentenced to undergo simple imprisonment for six months. He was also directed to pay a compensation of ₹7,00,000/- (Rupees Seven Lakhs Only) to the complainant within one month, failing which he would undergo an additional two months of simple imprisonment.

The appellants/accused, M/s. Rajesh Telecom and Naresh Kalulal Jain, argued that they have a strong case in the appeal and that the appeal was filed within the prescribed limitation period. Consequently, they sought to be released on bail and requested a stay on the execution of the sentence passed by the Metropolitan Magistrate until the final disposal of their appeal.

The court heard the Learned Advocates for the appellants/accused, the respondent, and the Learned Additional Public Prosecutor (A.P.P.) for the State and perused the record of the case, including the impugned Judgment.

After reviewing the Judgment, Additional Sessions Judge Mrs. Madhuri M. Deshpande noted that the appellants/accused were ready to abide by any terms and conditions imposed while granting bail. Considering the provisions of Section 148 of the Negotiable Instruments Act, 1881, the court proceeded to pass the following order:

1. Bail Application Allowed: Criminal Bail Application No. 712 of 2022 in Criminal Appeal No. 162 of 2022 was allowed.
2. Sentence Stayed: The substantive sentence of imprisonment passed by the Learned Metropolitan Magistrate, 7th Court, Dadar, Mumbai, in Criminal Case No. 1427/SS/2016 on March 5, 2022, was stayed until the conclusion of the present appeal.
3. Release on Bond with Conditions: The appellant/accused Naresh Kalulal Jain was ordered to be released on bail upon furnishing a Personal Recognizance (P.R.) Bond of ₹15,000/- (Rupees Fifteen Thousand Only) with one solvent surety of a like amount, subject to the following conditions: a) The appellant/accused shall not leave India without the permission of the Court until the conclusion of the appeal. b) The appellant/accused shall not commit a similar type of offence in the future.
4. Bail Before Lower Court: The bail formalities are to be completed before the Lower Court.
5. Notice to Respondent: Notice was ordered to be issued to the respondent (Yogesh Jugalkishore Mehta).
6. Information to Trial Court: The Learned Trial Court (Metropolitan Magistrate, 7th Court, Dadar, Mumbai) was directed to be informed accordingly.
7. Application Disposed Of: Criminal Bail Application No. 712 of 2022 in Criminal Appeal No. 162 of 2022 stands disposed of accordingly.

The order was dictated and pronounced in open court on September 23, 2022, and subsequently uploaded on the court’s record on September 26, 2022.

This order provides a significant reprieve for Naresh Kalulal Jain, as the immediate threat of imprisonment is now stayed pending the outcome of his appeal against the conviction in the cheque dishonour case. The conditions imposed by the Sessions Court aim to ensure his availability for the appeal proceedings and prevent any potential recurrence of similar offences. The next stage in this legal battle will be the hearing and final disposal of the Criminal Appeal No. 162 of 2022 by the Sessions Court.