Bombay High Court
Mohan Rajaram Sawnat vs The State Of Maharashtra And Anr on 26 September, 2022
Bench: Prakash Deu Naik
37-WP-3890-2019.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION NO. 3890 OF 2019
Mohan Rajaram Sawnat ...Petitioner
Versus
The State Of Maharashtra And Anr. ...Respondents
....
Mr. Kuldeep U. Nikam, Advocate for the Petitioner.
Ms. Rati S. Sinhansane, Advocate for the Respondent No.2.
Mr. M.G. Patil, APP for the Respondent - State.
CORAM : PRAKASH D. NAIK, J.
DATE : 26th SEPTEMBER, 2022.
PER COURT:
1. The petition was filed with limited prayer challenging the
order passed by Sessions Court, Sangli directing the appellant to
deposit the amount of Rs.10,00,000/- during the pendency of
appeal challenging the Judgment of conviction under Section 138
of the Negotiable Instruments Act. The petitioner was sentenced to
suffer imprisonment of six months and directed to pay
compensation of Rs. 33,50,000/-. The petitioner had preferred an
application before the appellate Court for exemption from
depositing the said amount. The petitioner was permitted to pay
by installments. He could not deposit the amount and thereafter
preferred this petition. Vide order dated 20 th August, 2019, this
Court had permitted the petitioner to deposit the amount of
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Rs.7,50,000/- without prejudice to the contentions of Respondent.
The said amount has been deposited before the lower Court and
the amount has been withdrawn by the complainant. It is
submitted that amount of Rs.7,50,000/- commensurates 20% of the
compensation amount. The petitioner is in financial constraints and
he is not in a position to deposit amount of Rs.10,00,000/-. The
appeal is due for hearing before the Sessions Court.
2. Learned Advocate for Respondent/complainant submit that
the conduct of the petitioner is required to be noted. The amount of
compensation awarded by trial Court is Rs.33,50,000/-. Pursuant
to the order passed by Sessions Court, the petitioner preferred an
application before the Sessions Court seeking time to deposit the
amount and thereafter, he was directed to pay the amount in
installments without complying the said order the petitioner had
approached this Court.
3. It is noted that the order dated 20 th August, 2019 has been
complied by the petitioner by depositing amount of Rs.7,50,000/-
and the said amount has been withdrawn by the complainant.
Since the appeal is pending before the Sessions Court since 2018
and apparently due for the hearing, I pass the following order.
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ORDER
i. The amount of Rs.7,50,000/- deposited by the
petitioner pursuant to order dated 20 th August, 2019 passed
by this Court may be considered as deposit towards amount
of compensation under Section 148 of the Negotiable
Instruments Act.
ii. The order passed by the Sessions Court directing the
petitioner to deposit Rs.10,00,000/- is modified by accepting
the amount of Rs.7,50,000/- as compensation under Section
148 of Negotiable Instruments Act.
iii. The order suspending sentence of imposed by trial
Court while convicting the applicant shall continue till final
disposal of appeal pending before Sessions Court.
iv. The appellate Court may proceed hearing of the appeal
expeditiously in accordance with law.
v. Petition stands disposed off.
(PRAKASH D. NAIK, J.)
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