Bombay High Court
M/S Prime Enter Prises And Anr vs Soham Yogesh Shah And Anr on 23 February, 2022
Bench: R.P. Mohite-Dere
11a. IA 605 & 606-2022.doc
Digitally
signed by
RUPALI
RUPALI RAJESH
RAJESH
WAKODIKAR
WAKODIKAR
Date:
2022.02.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
16:59:11
+0530
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO. 605 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 100 OF 2022
ALONGWITH
CRIMINAL INTERIM APPLICATION NO. 606 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 100 OF 2022
M/s. Prime Enterprises and Anr. ...Applicants
Versus
Soham Yogesh Shah and Anr. ...Respondents
Mr. Jayant Gohil a/w Mr. Sunil Humbre for the Applicants.
Ms. Anamika Malhotra, A.P.P for the Respondent No.2-State.
CORAM : REVATI MOHITE DERE, J.
DATE : 23rd FEBRUARY, 2022
P.C. :
1. Heard learned Counsel for the applicants.
2. By the aforesaid applications, the applicants seek suspension of
their sentence and enlargement on bail.
3. The applicants, vide Judgment and Order dated 18th January,
2017, passed by the learned Metropolitan Magistrate, 6th Court, Mazgaon at
Wakodikar 1/3
11a. IA 605 & 606-2022.doc
Sewree, Mumbai in C.C. No. 1129/SS/2016 have been convicted for the
offence punishable under Section 138 of the Negotiable Instruments Act
and have been sentenced to suffer simple imprisonment for three months
each and to pay fine of Rs.3,60,000/-, in default to suffer simple
imprisonment for one month. The said Judgment and Order of conviction
and sentence has been confirmed by the Appellate Court vide Judgment and
Order dated 17th December, 2021 passed in Criminal Appeal No. 117 of
2017.
4. Learned Counsel for the applicants submits that since the
complainant was a minor, he was not competent to file a complaint, even
through his natural guardian. Learned Counsel for the applicants relied on
the judgment of Delhi High Court in the case of Commissioner of Income
Tax, Delhi (Central) V/s. Mridu Hari Dalmia 1 in support of his
submission. He submits that it is settled law that a contract by a minor is
void and therefore there can be no lawful agreement between the
complainant and the applicant and that the transaction cannot be viewed as
a loan between the father and the minor son, nor can the transaction be
viewed as one of loan by the father in his individual capacity acting as the
guardian of his minor son.
1 MANU/DE/0099/1981
Wakodikar 2/3
11a. IA 605 & 606-2022.doc
5. Issue notice to the respondents returnable on 6 th April, 2022.
Learned APP waives notice on behalf of the Respondent No.2/State. In
addition to Court notice, learned Counsel for the applicants to serve the
respondent No.1 by Advocate's notice and file affidavit of service before
the next date.
6. In the meantime, till the next date, the applicants' sentence is
suspended and they are granted interim bail on the following terms and
conditions :-
ORDER
i) The applicants be enlarged on bail on furnishing P. R.
Bond in the sum of Rs.10,000/- each with surety in the like
amount.
7. Stand over to 6th April, 2022.
REVATI MOHITE DERE, J.
Wakodikar 3/3
