Venkatesh Babu vs Bangalore Investment
2023 Latest Caselaw 9115 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

               CRIMINAL WRIT PETITION (ST) NO.8587 OF 2023

                                         WITH

                INTERIM APPLICATION (ST) NO.16165 OF 2023
                                   IN
               CRIMINAL WRIT PETITION (ST) NO.8587 OF 2023

                                         WITH

                INTERIM APPLICATION (ST) NO.9635 OF 2023
                                   IN
               CRIMINAL WRIT PETITION (ST) NO.8587 OF 2023

    Venkatesh Babu                                         .... Petitioner

             versus

    Bangalore Investments & Anr.                           .... Respondents
                                         .......

    •       Mr. Mandar Soman, Advocate for Petitioner.
    •       Mr. Sachin R. Pawar, Advocate for Respondent No.1.
    •       Mr. A. R. Patil, APP for the State/Respondent.

                                  CORAM      : SARANG V. KOTWAL, J.
                                  DATE       : 31st AUGUST, 2023

    P.C. :


    1.                At the outset, learned counsel for the Petitioner states

         that for the reliefs claimed in this Petition the proper remedy is

Nesarikar




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      Criminal Revision Application. He seeks permission to convert

      this Writ Petition into Criminal Revision Application.



 2.               Permission is granted. The office shall take steps to

      convert this Writ Petition into Criminal Revision Application.

      Consequently, the Interim Applications filed in this Writ Petition

      are also to be treated as Interim Applications in Criminal

      Revision Application.



 3.               Heard Mr. Mandar Soman, learned counsel for the

      Petitioner, Mr. Sachin R. Pawar, learned counsel for the

      Respondent No.1 and Mr. A. R. Patil, learned APP for the State.



 4.               The Petitioner is convicted by the Metropolitan

      Magistrate, 33rd Court, Ballard Pier, Mumbai, vide Judgment

      and Order dated 06/11/2019 passed in C.C.No.5506/SS/2017,

      for the commission of offence punishable u/s 138 of the

      Negotiable Instruments Act. He was sentenced to suffer simple

      imprisonment for six months. He was directed to pay an amount




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      of Rs.18 lakhs along with simple interest at 9% per annum by

      way of compensation to the Respondent No.1 herein (the

      original complainant). In default, the Petitioner was directed to

      suffer simple imprisonment for two months.



 5.               The Petitioner had preferred Criminal Appeal No.979

      of 2019 before the Court of Sessions at Greater Mumbai. The

      Additional Sessions Judge vide his Judgment and Order dated

      01/03/2023 dismissed the Appeal.



 6.               After the Appeal was dismissed, the Petitioner was

      taken into custody on 24/08/2023. As of today, he is in custody.



 7.               The allegation against the Petitioner was that in

      discharge of his liability, he had issued a cheque dated

      11/05/2017          for   Rs.9   lakhs.   It     was      dishonoured            and

      consequently, the prosecution and his conviction followed.



 8.               Learned counsel for the Petitioner, on instructions,




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      states that the Petitioner shall deposit the amount of the cheque

      i.e. Rs.9 lakhs to show his bonafides before arguing the Revision

      Application for admission. He submitted that his depositing the

      said amount may be taken into consideration for releasing him

      on bail by way of ad-interim relief. He further submitted that the

      Applicant has no objection if the said amount is withdrawn by

      the Respondent No.1. The statement is recorded and accepted.



 9.               Hence, the following order :



                                           ORDER

(i) The Petitioner is permitted to deposit the amount of Rs.9 lakhs before the Trial Court. On such deposit, by way of ad-interim relief, till the next date, the Petitioner is directed to be released on interim bail, on his executing P.R. Bond in the sum of Rs.30,000/-. The Petitioner is directed to furnish cash bail for the same amount.

                   (ii)        The Petitioner shall be released on interim bail





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only if he shows the proof of deposit of the said amount of Rs.9 lakhs in the Trial Court.

(iii) The Respondent No.1 is permitted to withdraw the said amount of Rs.9 lakhs on his executing an affidavit in the form of undertaking that such withdrawal is subject to the final outcome of the Criminal Revision Application.

(iv) This order of interim bail shall operate till the next date.

                   (v)         Stand over to 01/11/2023.




                                                      (SARANG V. KOTWAL, J.)