Bombay High Court
Kishor Vishwanath Deshmukh vs M/S J K Helene Curtis Ltd on 20 May, 2026
13-APL-1002-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (APL) NO. 1002 OF 2026
Mr. Kishor Vishwanath Deshmukh ... Applicant
Versus
M/s. J K Helene Curtis Ltd. and Anr. ... Respondents
--------------------
Mr. Chaitanya K. Pendse, for the Applicant.
Mr. Shyam Dewani, (through V.C.) a/w Mr. Sahil Dewani and Mr.
Sachet Makhija i/b Dewani Associates, for the Respondent No.1.
--------------------
CORAM : SANDESH D. PATIL, J.
DATE : 20 th MAY, 2026.
(VACATION COURT)
P.C. :
1. Heard Mr. Chaitanya K. Pendse, learned Counsel appearing for the Applicant-original Accused and Mr. Shyam Dewani, learned Counsel appearing for the Respondent No.1.
2. Mr. Chaitanya K. Pendse, learned Counsel appearing for the Applicant submits that the Applicant is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act. He submits that the Applicant had preferred the Appeal against the Manisha 1/4 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:15:42 ::: 13-APL-1002-2026.doc Judgment and Order dated 7 th March, 2026 passed by the learned Additional Chief Judicial Magistrate, 10, Thane.
3. On 9th April, 2026, the learned Additional Sessions Judge was pleased the suspend the sentence subject to condition that the Applicant to deposit amount of Rs.50,00,000/- i.e. 20% of Rs.2.50 Crores. He submits that the Applicant had arranged some sum through his wife and his acquaintances, however, large chunk of money is lying in the Provident Fund Account of the Applicant. He further submits that the Respondent is the employer and all that the Applicant has requested is co-operation from the employer to give the details and initiate the process under the provisions of the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 for the purpose of releasing the amount lying in the U.A.N No.100194542572 of the Applicant so as to enable the Applicant to comply with Order dated 9 th April, 2026.
4. Mr. Shyam Dewani, learned Counsel appearing for the Manisha 2/4 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:15:42 ::: 13-APL-1002-2026.doc Respondent No.1 submits that the Court has no jurisdiction to issue such direction. He submits that, a similar application was made by the Applicant before the learned Sessions Court and the same was rejected. He submits that there is no provision under which such application can be entertained.
5. Heard learned Counsel appearing for the parties. The present proceeding is filed under the provisions of Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The Applicant was admittedly an employee of the Respondent No.1. Admittedly, some amount, though the quantum is not known at this juncture, is lying in the Provident Fund Account of the Applicant. The employer is duty bound to assist and help the Applicant to get his own hard earned money from the Provident Fund Account. In this circumstance, issue Notice to the Respondents.
6. Advocate Mr. Shyam Dewani waives service on behalf of Respondent No.1.
Manisha 3/4 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:15:42 :::
13-APL-1002-2026.doc
7. The relation between the parties are admitted. In the meanwhile, the Respondent No.1 is directed to co-operate with the Applicant and initiate necessary process as is required under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 for the purpose of releasing the amount lying in the U.A.N No.100194542572.
8. Leave to carry out the amendment is granted. Amendment to be carried out forthwith.
9. Learned Counsel appearing for the Respondent No.1 to file affidavit-in-reply.
10. Stand over to 8th June, 2026.
(SANDESH D. PATIL, J.) Manisha 4/4 ::: Uploaded on - 22/05/2026 ::: Downloaded on - 23/05/2026 01:15:42 :::