Bombay High Court
Rajendra Sadashiv Chandrachud vs The State Of Maharashtra And Ors on 6 May, 2022
Bench: N. J. Jamadar
501-REVN-399-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 223 OF 2017
ALONGWITH
CRIMINAL APPLICATION NO. 237 OF 2017
ALONGWITH
CRIMINAL APPLICATION NO. 399 OF 2019
Digitally
signed by
SHRADDHA
Rajendra Sadashiv Chandrachud ...Applicant
SHRADDHA KAMLESH
KAMLESH TALEKAR Vs.
TALEKAR
1. The State of Maharashtra
Date:
2022.05.06
19:15:01
+0530
& Ors. ... Respondents
****
Mr.Mahesh Vaswani a/w. Ms. Dharini Nagda i/b Ms. Maya Dave
for applicant.
Ms.Anamika Malhotra, APP for for respondent No.1-State.
Ms. Vandana Jaishingh and Ms. Archana Jaisingh for respondent
No.2.
CORAM : N. J. JAMADAR, J.
DATE : 06th MAY, 2022
P.C.:
1. Not on Board. Mentioned. Taken on Production Board.
2. Heard the learned counsel for the applicant.
3. The learned counsel for the applicant submits that the
applicant could not deposit the sum of Rs.10,00,000/-, in terms of
the order, dated 5th April 2022.
4. On 30th March 2022, this Court had passed the following
order :
"1. Learned Counsel for the respondent No.2 states
that out of the compensation amount of
Rs.3,15,00,000/-, the applicant has only deposited
about Rs.73,00,000/- i.e. Rs.63,00,000/- in the
Shraddha Talekar, PS 1/5
501-REVN-399-2019.doc
Appellate Court and Rs.10,00,000/- in this Court. She
submits that the applicant be directed to deposit the
balance amount of Rs.2,42,00,000/- in this Court.
2. Considering the fact that the trial Court has
convicted the applicant under Section 138 of the
Negotiable Instruments Act, which Judgment and
Order of conviction and sentence has been confrmed
by the
Appellate Court, learned Counsel for the applicant to
take instructions and fle an affdavit-cum-
undertaking of the applicant how the balance amount
of Rs.2,42,00,000/- would be deposited in the Registry
of this Court.
3. Stand over to 5th April, 2022. To be placed on
the
supplementary board. The applicant to remain present
in Court on the next date."
5. On 5th April 2022, the applicant tendered an affdavit-cum-
undertaking to deposit Rs.10,00,000/-. After taking the affdavit-
cum-undertaking on record, the Court passed the following
order :
"2 In the said affdavit-cum-undertaking tendered
today, the applicant has undertaking to deposit
Rs.10,00,000/- in the Registry of this Court on or before
3rd May, 2022. In the said affdavit, the applicant has
stated that he cannot deposit the entire amount as he
has a good case on merits and having regard to his
fnancial condition.
3. Be that as it may, after the said deposit of
Rs.10,00,000/- is made, further orders will be passed
with respect to deposit of the balance amount.
4. Learned Counsel for the applicant, on instructions
of the applicant who is present in the Court, seeks time
to fle an additional affdavit on the next date as to how
the balance amount would be deposited in the Registry
of this Court.
Shraddha Talekar, PS 2/5
501-REVN-399-2019.doc
5. Stand over to 5th May, 2022 for recording compliance
of deposit of Rs.10,00,000/-."
6. A cumulative reading of the orders dated 30 th March 2022
and 5th April 2022 would indicate that this Court had noted that
as against the compensation of Rs.3,15,00,000/- awarded by the
Trial Court, the applicant had deposited only a sum of
Rs.73,00,000/- and, thus, the Court was anxious to know as to
how the applicant proposed to deposit the balance amount of
compensation and, therefore, the applicant was directed to fle the
affdavit.
7. On 5th April, 2022, the applicant fled an affdavit-cum-
undertaking to deposit Rs.10,00,000/- in this Court on or before
3rd May 2022. In the order dated 5 th April 2022, this Court also
noted that the applicant expressed his unwillingness to deposit
the entire amount of compensation as he had a good case on
merits and also in the context of his fnancial position.
Nonetheless, the Court recorded that after the deposit of
Rs.10,00,000/-, as undertaken, further orders would be passed
with respect to deposit of the balance amount.
8. Today, the learned counsel for the applicant submits that
the applicant is ready to deposit a sum of Rs.4,00,000/- only, and
for the deposit of the sum of Rs.6,00,000/-, time be extended till
Shraddha Talekar, PS 3/5
501-REVN-399-2019.doc
5th July 2022.
9. The aforesaid submission on behalf of the applicant does not
deserve any countenance. The circumstances in which the
applicant had undertaken to deposit the sum of Rs.10,00,000/-
cannot be lost sight of. In a sense, by order dated 5 th April 2022,
the Court had given an opportunity to the applicant to show
bonafde by making a deposit of Rs.10,00,000/-. The applicant
was further directed to fle an additional affdavit to demonstrate
as to how the balance amount would be deposited in this Court.
10. In the backdrop of the quantum of compensation yet to be
deposited, the prayer for extension of time to deposit a sum of
Rs.6,00,000/- till 5th July 2022, despite the fact that the applicant
had undertaken to make the deposit of Rs.10,00,000/- on or
before 3rd May 2022, is not worthy of acceptance.
11. This Court had, by an order dated 7 th April 2017, suspended
the substantive sentence imposed by the learned Metropolitan
Magistrate, 58th Court, Bandra, Mumbai in C.C. No.2065/SS/20,
whereby the applicant came to be convicted for the offence
punishable under section 138 read with section 141 of the
Negotiable Instruments Act, 1881.
12. By the said judgment and order, dated 22nd June 2016, the
Shraddha Talekar, PS 4/5
501-REVN-399-2019.doc
applicant and the co-accused were sentenced to suffer Simple
Imprisonment for two months and further ordered to pay the
compensation of Rs.3,15,00,000/- alongwith interest at the rate of
9% per annum from the date of dishnour of the cheque, i.e., 7 th
February 2014.
13. The order dated 7th April 2017, suspending the substantive
sentence would, thus, stand vacated, if the applicant fails to
deposit a sum of Rs.20,00,000/- on or before 3rd June 2022.
14. The application be listed for hearing and fnal disposal on 7 th
June 2022.
(N. J. JAMADAR, J.)
Shraddha Talekar, PS 5/5
