Chandan Jagmohan Dhowan vs State Of Maharashtra And Anr
2022 Latest Caselaw 6735 Bom

                                                               1 of 2                    37.IA.526&527.2022.doc




                                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                              CRIMINAL APPELLATE JURISDICTION

                                            INTERIM APPLICATION NO.526 OF 2022
                                                           AND
                                            INTERIM APPLICATION NO.527 OF 2022
                                                            IN
                                        CRIMINAL REVISION APPLICATION NO.89 OF 2022

                               Chandan Jagmohan Dhowan                                      Applicant
                                     versus
                               The State of Maharashtra and another                         Respondents

                               Mr.Abhijeet C. Mahadeokar, Advocate for applicant.
                               Mr.S.R.Agarkar, APP, for State.
                               Mr.H.J.Dedhia, APP, for State.

                                                        CORAM :         PRAKASH D. NAIK, J.

                                                        DATE      :     15th July 2022
                               PC :


                               1.     Both these applications are preferred by revision applicant
                               seeking suspension of sentence and grant of bail.


                               2.     The applicant has been convicted for the offence under Section
                               138 of Negotiable Instruments Act vide judgment and order dated
                               20th February 2017 and sentenced to suffer imprisonment for three
                               months and pay fine of Rs.9,68,377/- along with interest @ 6% p.a
                               from the date of cheque i.e. 14th July 2012 to the complainant.


                               3.     The appeal preferred by applicant challenging the said
         Digitally signed by
MANISH
SURESH
         MANISH SURESH
         THATTE                judgment has been dismissed vide judgment and order dated 12 th
         Date: 2022.07.18
THATTE   11:55:32 +0530

                               January 2022.
                                  2 of 2                  37.IA.526&527.2022.doc


4.      Learned advocate for applicant submits that amount of
Rs.4,50,000/- has been paid to respondent-complainant and the
applicant is attempting to settle the amount at Rs.17,00,000/-
including the amount which has been paid to the complainant. It is
submitted that Trial Court has issued conviction warrant which is
likely to be executed against applicant.


5.      Considering aforesaid circumstances, interim relief can be
granted to the applicant till next date of hearing.


                                 ORDER

(i) The sentence imposed by the Court of learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai vide judgment and order dated 20th February 2017 passed in C.C.No.3781/SS/2015 and confirmed vide judgment and order dated 12th January 2022 by Additional Session Judge, City Civil and Sessions Court, Greater Bombay, Mumbai, in Criminal Appeal No.216 of 2017, is suspended and the applicant is directed to be released on bail on executing PR bond in the sum of Rs.20,000/- with one or more sureties in the like amount;

(ii) This interim protection is granted till next date of hearing;

(iii) The conviction warrant, if issued against applicant, is stayed;

(iv)    Stand over to 12th August 2022.


                                          (PRAKASH D. NAIK, J.)
MST