Mumbai, March 29, 2022 – The Sessions Court for Greater Mumbai has granted bail to Rohit Keshvaji Nagaria, who was convicted in a cheque dishonor case, pending the outcome of his appeal. Additional Sessions Judge Sonali P. Agarwal, presiding over Court Room No. 41, allowed Nagaria’s bail application (Criminal Bail Application No. 98 of 2022).

Nagaria had filed a criminal appeal (Criminal Appeal No. 07 of 2022) challenging his conviction under Section 138 of the Negotiable Instruments Act, 1881, in C.C. No. 740/SS/2017 by the Metropolitan Magistrate, 7th Court, Dadar, Mumbai.

Background and Conviction:

Nagaria was convicted by the trial court for an offense under Section 138 of the Negotiable Instruments Act. He subsequently filed a criminal appeal challenging the conviction.

Defense Arguments:

Nagaria, through his advocate Asmita Mohite, argued that the offense was bailable and that he would attend all court hearings.

Prosecution’s Arguments:

The complainant (Ply Station DS), represented by advocate Ramjeet H. Sharma, filed a reply requesting the court to direct Nagaria to deposit 20% of the compensation awarded by the trial court. The State of Maharashtra, represented by APP Meera Choudhary – Bhosale, was also present.

Court’s Analysis and Decision:

Judge Agarwal, after hearing the arguments, noted that Nagaria had already been directed to deposit 20% of the compensation. Considering that the offense was bailable, the court found it proper to release him on bail.

The court also considered Nagaria’s request for cash bail. Given that the appeal was under Section 138 of the Negotiable Instruments Act, the court deemed it appropriate to grant provisional cash bail.

Conditions of Bail:

The court granted Nagaria bail on the following conditions:

• He must furnish a Personal Bond (PB) and Surety Bond (SB) of ₹15,000.
• He is granted provisional cash bail of ₹15,000 for a period of two months.

Significance of the Order:

This order highlights the court’s consideration of the following factors when granting bail to a convicted person pending appeal in a cheque dishonor case:

• The offense is bailable.
• The appellant’s willingness to attend court hearings.
• The appellant having already been ordered to deposit 20% of the fine amount.
• The courts willingness to allow provisional cash bail.

This ruling demonstrates the court’s approach in balancing the rights of the convicted person with the interests of justice, particularly when an appeal is pending in a case under the Negotiable Instruments Act.