Ulka Nair vs Ashwin Balwantrao Desai Huf And ...
2022 Latest Caselaw 8866 Bom

                                                                                           511-APL-822-2022.doc


                                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                   CRIMINAL APPELLATE JURISDICTION

                                                 CRIMINAL APPLICATION NO. 822 OF 2022

                              Ulka Nair                                         ...Applicant
                                    Versus
                              Harshida Ashwin Desai And Anr.                    ...Respondents

                                                                WITH
                                                 CRIMINAL APPLICATION NO. 823 OF 2022

                              Ulka Nair                                         ...Applicant
                                    Versus
                              Harshida Ashwin Desai And Anr.                    ...Respondents

                                                                  WITH
                                                 CRIMINAL APPLICATION NO. 824 OF 2022
                                                               (Not on Board)


                              Ulka Nair                                         ...Applicant
                                    Versus
                              Ashwin Balwantrai Desai And Anr.                  ...Respondents

                                                                        ....
                              Mr. Reshant Shah i/by M/s. Lex Conseiller, Advocate for the Applicant.
                              Mr. A. D. Kamkhedkar, APP for the Respondent - State.


                                                      CORAM       :        PRAKASH D. NAIK, J.

                                                      DATE        :        6th SEPTEMBER, 2022.

                              PER COURT:

                              1.          Not on Board. Taken on Board.

2. In all three applications the common issue involved is that

the appeal has been preferred by the applicant before the Sessions

Court challenging the judgment of conviction for offence

punishable under Section 138 of Negotiable Instruments Act. Digitally signed by SAJAKALI SAJAKALI LIYAKAT JAMADAR LIYAKAT Date: Sajakali Jamadar 1 of 3 JAMADAR 2022.09.07 14:27:55 +0530 511-APL-822-2022.doc

During the pendency of appeal the sentence of imprisonment was

suspended and the Appellate Court had directed the applicant to

deposit 20% amount of compensation in accordance with Section

148-A of the Negotiable Instruments Act. Since the directions

could not be complied within stipulated time, the order of

suspension of sentence passed by the appellate Court has been

vacated.

3. It is submitted that the applicant is ready to deposit the

amount as directed by the Sessions Court and pay order in that

regard is ready. In view of this, the applicant preferred application

before the Sessions Court is pending. He is willing to deposit the

amount as ordered by the the Court. However, the appellate Court

has expressed difficulty in recalling his own order.

4. Considering the fact that the applicant is willing to deposit

the amount in accordance with directions issued by the Sessions

Court under Section 148-A of the Negotiable Instruments Act,

permissions can be granted to the applicant.

5. Issue notice to Respondent No.1 returnable on 26 th

September, 2022.

6. Spare copy be supplied in registry for issuing notice to

respondent No.1.

Sajakali Jamadar 2 of 3 511-APL-822-2022.doc

7. In addition to Court notice, the petitioner is permitted to

serve the Respondent No.1 by way of private notice.

8. In the meantime the conviction warrant if any, issued against

the applicant in respect to the proceedings which are subject matter

of these three applications be stayed till the next date of hearing.

                                           (PRAKASH D. NAIK, J.)




Sajakali Jamadar                      3 of 3