Bombay High Court
Venktesh Babu vs State Of Maharashtra on 31 August, 2023
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST) NO.8589 OF 2023
WITH
INTERIM APPLICATION (ST) NO.16168 OF 2023
IN
CRIMINAL WRIT PETITION (ST) NO.8589 OF 2023
WITH
INTERIM APPLICATION (ST) NO.9634 OF 2023
IN
CRIMINAL WRIT PETITION (ST) NO.8589 OF 2023
Venkatesh Babu .... Petitioner
versus
Brigade Hotels Pvt. Ltd. & Anr. .... Respondents
.......
• Mr. Mandar Soman, Advocate for Petitioner.
• Mr. Sachin R. Pawar, Advocate for Respondent No.1.
• Mr. S. H. Yadav, 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
Criminal Revision Application. He seeks permission to convert
this Writ Petition into Criminal Revision Application.
Nesarikar
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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. S. H. Yadav, 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.5507/SS/2017,
for 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
of Rs.4,50,000/- along with simple interest at 9% per
annum by way of compensation to the Respondent No.1 herein
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(the original complainant). In default the Petitioner was directed
to suffer simple imprisonment for two months.
5. The Petitioner has preferred Criminal Appeal No.980 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. The allegation against the Petitioner was that in
discharge of his liability he had issued a cheque dated
11/05/2017 of Rs.2,25,000/-. It was dishonoured and
consequently the prosecution and his conviction followed.
7. Learned counsel for the Petitioner, on instructions,
states that the Petitioner shall deposit the amount of the cheque
i.e. Rs.2,25,000/- 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
suspending his sentence by way of ad-interim relief. He further
submitted that the Petitioner has no objection if the said amount
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is withdrawn by the Respondent No.1. The statement is recorded
and accepted.
8. Hence, the following order :
ORDER
(i) The Applicant is permitted to deposit
Rs.2,25,000/- before the Trial Court. On such
deposit, the sentence imposed on the Applicant
is suspended till the next date by way of ad-
interim relief.
(ii) The Respondent No.1 is permitted to withdraw
the said amount of Rs.2,25,000/- on his
executing affidavit in the form of undertaking
that such withdrawal is subject to the final
outcome of the Criminal Revision Application.
(iii) This order of suspension of sentence shall
operate till the next date before this Court.
(iv) Stand over to 01/11/2023.
(SARANG V. KOTWAL, J.)
