Bombay High Court
Sanjay Vitthal Chavan vs State Of Maharashtra on 12 June, 2023
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.143 OF 2023
WITH
INTERIM APPLICATION NO.2034 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.143 OF 2023
Sanjay Vitthal Chavan ....Applicant
Versus
The State of Maharashtra
and another .... Respondents
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Mr. Anand Mishra, Advocate a/w. Sushil Upadhyay i/b. A.M.
Saraogi, for the Applicant.
Mr. A.R. Patil, APP for the Respondent No.1-State.
Mr. Abhilish Chitre, Advocate i/b. Deepak Chitnis-Chiparikar
& Co. for Respondent Nos.2 & 3.
-----
CORAM : SARANG V. KOTWAL, J.
DATE : 12th JUNE, 2023
P.C. :
1. This is a Revision Application filed by the
original accused. The accused-Applicant was convicted by
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Deshmane(PS)
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the Metropolitan Magistrate, 33rd Court, Ballar Pier, Mumbai
vide judgment and order dated 16.4.2019 thereby convicting
the Applicant for commission of the offence punishable
under Section 138 of the Negotiable Instruments Act, 1881.
He was sentenced to suffer SI for six months. The third
clause of the operative part of the order directs that if the
amount of Rs.10 Lakhs is recovered along with simple
interest @ 9% per annum, it shall be paid to the original
complainant No.1 under Section 357(3) of Cr.P.C. and in
default to suffer SI for one month. The Appeal preferred by
the Applicant being Criminal Appeal No.399/2019 was
dismissed by the Additional Sessions Judge, Sessions Court
for Greater Mumbai vide judgment and order dated
6.5.2023.
2. Heard Shri Anand Mishra, learned counsel for
the Applicant, Shri A.R. Patil, learned APP for the
Respondent No.1-State and Shri Abhilish Chitre, learned
counsel for the Respondent Nos.2 & 3.
3. Learned counsel for the Applicant invited my
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attention to the contrary observations made in paragraphs-
14 & 17 of the Appellate Court's order and paragraph-21 of
the same order. In paragraphs-14 & 17, it was observed that
the Applicant-Accused had admitted issuance of two
cheques; whereas paragraph-21 indicates that the issuance
of cheque and the signatures thereon was disputed.
4. Considering these submissions it is necessary to
peruse the record and proceedings.
5. Learned counsel for the Applicant stated that the
Applicant has already deposited Rs.4 Lakhs in the trial Court
during pendency of the trial. The amount of two cheques,
which is the subject matter of the trial, is Rs.5 Lakhs. If the
case is proved against the Applicant, the question of
compensation and interest thereon will also come in play.
Therefore, by way of interim relief, till the next date the
Applicant can be protected and he can be directed to deposit
Rs.1 Lakh more in the trial Court before the next date.
6. Hence, the following order:
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:: O R D E R ::
i. Issue notice to the Respondent Nos.2 & 3,
returnable on 25.7.2023. Learned Counsel Shri
Abhilish Chitre waives service for the Respondent
Nos.2 & 3. He undertakes to file his Vakilpatra
within a period of two weeks from today.
ii. By way of interim protection till the next date, the
Applicant is directed to deposit Rs.1 Lakh in the
trial Court before the next date. Till then, the
Applicant shall not be arrested.
iii. Stand over to 25.7.2023.
(SARANG V. KOTWAL, J.)
Deshmane (PS)
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