Mohit Basant Pathak vs Zabeina Pererira And Anr
2022 Latest Caselaw 5987 Bom

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                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CRIMINAL APPELLATE JURISDICTION


                               CRIMINAL REVISION APPLICATION NO.216 OF 2021
                                                  WITH
                                   INTERIM APPLICATION NO.1756 OF 2022
                                                  AND
                               CRIMINAL REVISION APPLICATION NO.217 OF 2021
                                                  WITH
                                   INTERIM APPLICATION NO.1755 OF 2022


                      Mohit Basant Pathak                                 .. Applicant
                            Versus
                      Zabeina pererira and Anr.                           .. Respondents

                                                     ......
                      Mr.Karansingh B. Rajput, Advocate for the Applicant.
                      Mr.Tarun Kumar Sinha, Advocate for Respondent No.1.
                      Mr.A.R. Patil, APP for the Respondent No.2-State.
                                                       ......

                                              CORAM : PRAKASH D. NAIK J.

                                              DATED : JUNE 28, 2022.

                      P.C. :

                                  These revision applications are preferred challenging the

                      judgment of conviction passed by the learned Metropolitan Magistrate

                      vide order dated 25th September, 2017. The appeal preferred against

                      the judgment of conviction has been dismissed.


                      2           Applicant have preferred Interim Application Nos.1755 of
         Digitally
         signed by
         RAJESHRI
RAJESHRI PRAKASH
                      2022 and 1756 of 2022, seeking suspension of sentence and grant of
PRAKASH AHER
AHER     Date:

                      bail.
         2022.06.30
         11:11:10
         +0530
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3              Learned counsel for the applicant relied upon the

documents adduced before the trial Court and below submitted that

the transactions are relating to money laundering and therefore the

proceedings under Section 138 of Negotiable Instrument Act is not

maintainable. He relied upon the decisions in the case of Smt.Nanda

W/o. Dharam Nandanwar Vs. Nandkishor s/o. Tukaram Thaokar 1, and

Anil s/o. Baburao KatariaVs. Purshottam s/o. Prabhakar Kawane 2 and

Girdhari Parmanand Motiani Vs. Vinayak Bhagwan Khavnekar and

Ors.3



4              It is further submitted that the applicant has deposited

the amount of Rs.3,50,000/-, before the Sessions Court towards the

compensations awarded by the Court below. On instructions, it is

submitted that the applicant is willing to deposit further amount of

Rs.14,00,000/-. It is submitted that the amount of Rs.10,00,000/- will

be deposited within two days from today and the balance amount of

Rs.4,00,000/- within two weeks thereafter.



5              Learned     counsel     for   the   respondent-complainant

submitted that the submissions made by the counsel for the applicant

are devoid of merits. The cheque was issued by the applicant. It was

1     2010 SCC Online Bom 54
2     2010 (2) Mh.L.J. 466
3     2015 SCC OnLine Bom 6213
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dishonoured on account of insuffcient funds. The issue of money

lending raised by the applicant not tenable. It does not vitiate the

proceedings under Section 138 of Negotiable Instruments Act.



6           Arguable questions are raised.



7           Hence, I pass the following order:


                             :: O R D E R ::

(i) Criminal Revision Application No.216 of 2021 and 217

of 2021, are admitted;

(ii) The sentence of imprisonment imposed vide judgment

and order dated 25th September, 2017 passed by 7th

Judicial Magistrate First Class, Thane in S.C.C. No.6101

of 2015, and confrmed by the Additional Sessions

Judge, Thane, by dismissing the Criminal Appeal

No.127 of 2017 vide order dated 8th September, 2021, is

suspended and the applicant is directed to be released

on bail on executing P.R. Bond in the sum of

Rs.15,000/-, with one or more sureties in the like

amount;

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(ii) The sentence of imprisonment imposed vide judgment

and order dated 25th September, 2017 passed by 7th

Judicial Magistrate First Class, Thane in S.C.C. No.6100

of 2015, and confrmed by the Additional Sessions

Judge, Thane, by dismissing the Criminal Appeal

No.126 of 2017 vide order dated 8th September, 2021, is

suspended and the applicant is directed to be released

on bail on executing P.R. Bond in the sum of

Rs.15,000/-, with one or more sureties in the like

amount;

(iii) The applicant shall deposit an amount of Rs.10,00,000/-

within a period of four days from today and the amount

of Rs.4,00,000/-, within three weeks from today;

(iv) The execution proceedings stands stayed till the fnal

disposal of the revision application;

(v) Interim Application Nos.1756 and 1755 of 2022 stand

disposed of accordingly.

(PRAKASH D. NAIK, J.)