Bombay High Court
Pratik Developers vs The State Of Maharashtra And Anr on 10 August, 2021
Bench: R.P. Mohite-Dere
35-wp.2710.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO.2710 OF 2021
Pratik Developers
Through its proprietor
Pritam Babanrao Dherange ...Petitioner
Versus
The State of Maharashtra and Anr. ...Respondents
Mr. Hitesh P. Shah, for the Petitioner.
Mr. Pritam Babanrao Dherange, Petitioner in-person.
Mr. A. R. Patil, A.P.P for the Respondent No.1- State.
Mr. Murlidhar B. Kale, for the Respondent No.2.
CORAM : REVATI MOHITE DERE, J.
DATE : 10th AUGUST, 2021
P.C. :
1. Heard learned counsel for the parties.
2. By this petition, the petitioner has impugned the order dated
10th May 2021, passed by the learned Sessions Judge, Rajgurunagar at
Rajgurunagar, below Exhibit - 6 in Criminal Appeal No.05 of 2021, by
which the petitioner was directed to deposit 20% of the fine amount i.e.
Rs.34,00,000/- within 60 days from the date of the order i.e. from 10 th May
2021.
N. S. Chitnis 1/4
35-wp.2710.2021.doc
3. Learned Counsel for the petitioner submits that the petitioner
has a good case on merits and as such the impugned order directing the
petitioner to deposit 20% of Rs.1,70,00,000/-, be quashed and set aside.
4. As the Court was not inclined to interfere in the order dated
10th May 2021, learned counsel for the petitioner sought time to take
instructions within how much time the amount as directed by the Sessions
Court would be deposited by the petitioner. Accordingly, learned counsel
for the petitioner has tendered an undertaking/affidavit of the petitioner
duly notarized. The said undertaking/affidavit is taken on record. The
petitioner is present in Court.
5. In the undertaking/affidavit, the petitioner has stated that he is
making an endeavour to sell his immovable property and that he will
deposit the said money by demand draft. In the undertaking/affidavit the
petitioner has also undertaken to deposit Rs.34,00,000/- within 60 days
from today.
6. In view of the undertaking/affidavit filed by the petitioner, the
aforesaid order dated 10th May 2021 requires no interference. It is not in
dispute that the petitioner was convicted by the trial Court for an offence
N. S. Chitnis 2/4
35-wp.2710.2021.doc
under Section punishable under 138 of Negotiable Instruments Act and was
directed to deposit compensation amount of Rs.1,70,00,000/-. Being
aggrieved by the said Judgment and Order of conviction and sentence, the
petitioner filed an Appeal in the Sessions Court being Criminal Appeal
No.5 of 2021 along with an application seeking suspension of his sentence.
The relevant part of said order dated 10th May 2021 reads thus:-
" .... ....
.... .....
So, as per Sec. 148 of N.I. Act, appellant is directed to
deposit 20% of fine amount i.e. 34,00,000/0 (20% of
1,70,00,000/-) within 60 days from today. If the said
amount of Rs.34,00,000/- is deposited in this Court then
only the impugned judgment is suspended by this order till
decision of appeal & not otherwise. Appeal is admitted."
7. As noted above, the impugned order warrants no interference.
The undertaking/affidavit filed by the petitioner dated 10 th August 2021 to
be complied with by the petitioner. The petitioner to deposit the said
amount of Rs.34,00,000/- within 60 days from today in the Registry of the
Sessions Court. Time to deposit is accordingly extended by 60 days from
today.
N. S. Chitnis 3/4
35-wp.2710.2021.doc
8. It is made clear that this Court has not gone into the merits of
the case and as such all contentions of all parties are kept open before the
appellate Court, where the petitioner's appeal is pending.
9. Petition is accordingly disposed of on the aforesaid terms.
10. All concerned to act on the authenticated copy of this order.
REVATI MOHITE DERE, J.
N. S. Chitnis 4/4
