Bombay High Court
International Hometex Ltd vs State Of Maharashtra on 17 August, 2023
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION [STAMP] NO.14959 OF 2023
1. International Hometex Ltd., &
2. Vineet Agarwal ..... Applicants
Versus
The State of Maharashtra
and another .... Respondents
.....
WITH
INTERIM APPLICATION [STAMP] NO.15101 OF 2023
IN
CRIMINAL REVISION APPLICATION [STAMP] NO.14959 OF 2023
.....
WITH
INTERIM APPLICATION [STAMP] NO.15103 OF 2023
IN
CRIMINAL REVISION APPLICATION [STAMP] NO.14959 OF 2023
-----
Ms. Smita Dandige, Advocate a/w. Rajesh Yadav for the
Applicants.
Mr. A.R. Patil, APP for the Respondent No.1-State.
Mr. Yashpal Thakur, Advocate a/w. Mukund Pandya, for the
Respondent No.2.
-----
CORAM : SARANG V. KOTWAL, J.
DATE : 17th AUGUST, 2023
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Deshmane(PS)
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P.C. :
1. Present Revision Application is on today's board.
Interim Applications are not on board and same are taken on
board.
2. The Applicants are the original accused Nos.1 &
3 in C.C. No.1400332/SS/2010 before the Metropolitan
Magistrate, 14th Court, Girgaon, Mumbai. The case was
under Section 138 read with 141 of the Negotiable
Instruments Act, 1881. At the conclusion of the trial, the
Applicants were convicted under those Sections. The
Applicant No.1 was directed to pay fine of Rs.1,06,87,082/-.
The Applicant No.2 was sentenced to suffer SI for six months
and to pay fine of Rs.10,000/- and in default to suffer SI for
15 days. The complainant i.e. the Respondent No.2 herein
was held to be entitled to get the compensation amount of
the entire fine amount recovered from the Applicant No.1.
3. The Applicants along with the original accused
No.2, who was also convicted as the Applicant No.2 herein,
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preferred an Appeal before the Court of Sessions, Greater
Mumbai vide Criminal Appeal No.1050/2015 which was
dismissed by the Additional Sessions Judge, Greater Mumbai
vide his judgment and order dated 9.8.2023. The Applicants
have challenged the said orders before this Court.
4. The prosecution case is that the Respondent
No.2-complainant had advanced a loan of Rs.1,35,00,000/-
out of which Rs.65 Lakhs were repaid by the accused and for
the balance amount of Rs.70 Lakhs, a cheque was issued
which was dishonored. The Applicant No.2 is already
arrested after the Appellate Court's judgment.
5. Learned counsel for the Applicants, without
prejudice to the rights and contentions of the Applicants,
submitted on instructions of the Applicant No.2's wife who is
present in the Court that the Applicant No.2 would deposit a
demand draft of Rs.45 Lakhs on 18.8.2023 before this Court.
She further submitted that the Applicants would deposit
Rs.45 Lakhs more on or before 31.8.2023 in this Court. She
further submitted that the Applicants do not have any
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objection if said amount is withdrawn by the Respondent
No.2 subject to the final outcome of the Revision
Application.
6. The submissions made by learned counsel for the
Applicants are quite fair and reasonable. Therefore, by way
of ad-interim relief, I am inclined to suspend the sentence
and grant interim bail to the Applicant No.2 till the next date
before this Court. It is made clear that all the contentions of
the parties are left open for admission of the Revision
Application on the next occasion before this Court.
7. Hence, the following order:
:: O R D E R ::
i. The Applicants are permitted to deposit Rs.45
Lakhs before this Court on or before 18.8.2023. On
proof of such deposit, the sentence awarded against
the Applicants is suspended and by way of ad-
interim relief, the Applicant No.2 is directed to be
released on interim bail till the next date before
this Court on his executing a PR bond in the sum of
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Rs.1,00,000/- (Rupees One Lakh Only) with one or
two sureties in the like amount. The Applicant
No.2 is permitted to furnish cash bail for a period
of two weeks.
ii. This order shall operate till the next date of listing
before this Court.
iii. The Applicants are permitted to deposit further
amount of Rs.45 Lakhs on or before 31.8.2023.
iv. The Respondent No.2 is permitted to withdraw
these amounts deposited in this Court, subject to
the final outcome of the Revision Application. The
Respondent No.2 shall execute an undertaking to
that effect before this Court before withdrawing
such amounts. The undertaking shall be part of the
record of this Revision Application.
v. Stand over to 7.9.2023. Ad-interim relief granted,
shall operate till that date.
(SARANG V. KOTWAL, J.)
Deshmane (PS)
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