Bombay High Court
Golden Agro Food Industries vs Shri Vishwasrao Baburao Desai on 14 June, 2023
Bench: S. V. Kotwal
Gokhale 1 of 4 14-revn-147-23
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 147 OF 2023
WITH
INTERIM APPLICATION NO. 2079 OF 2023
IN
CRIMINAL REVISION APPLICATION NO. 147 OF 2023
Golden Agro Food Industries & Anr. ..Applicants
Versus
Vishwasrao Baburao Desai & Anr. ..Respondents
__________
Mr. Anand S. Patil a/w. Sandip Kagade for Applicants.
Mr. A. R. Patil, APP for State/Respondent No.2.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 14 JUNE 2023
PC :
1. The Applicant was convicted by the 3 rd Jt. J.M.F.C.,
Kolhapur vide his Judgment and order dated 06/11/2019 in
S.C.C.No.797 of 2016 for commission of offence punishable
U/s.138 of the Negotiable Instrument Act. He was sentenced to
suffer S.I. till rising of the Court and was ordered to pay
compensation of Rs.80,56,000/- which was the cheque amount
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along with additional amount of Rs.5,00,000/- by way of interest
and cost of the litigation and in default of such payment he was
sentenced to suffer S.I. for six months.
2. The Applicant challenged that order in Criminal Appeal
No.141 of 2019 before the Court of Sessions at Kolhapur which
was dismissed vide order dated 01/04/2023.
3. The prosecution case is that, at the request of the
Applicants, the Respondent No.1 herein i.e. the original
complainant had invested sum of Rs.80,56,000/- in the
partnership firm with the Applicants. Both of them agreed to share
the profit. The partnership continued only for three months and 19
days between 02/10/2012 to 21/01/2013. Thereafter, an
agreement was executed on 30/03/2013 whereby the
Complainant/Respondent No.1 herein separated from the
partnership firm and the accused was to return the capital amount
of Rs.80,56,000/- to the complainant. The two cheques of the said
amount were dishonoured resulting in the prosecution and
conviction of the applicants.
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4. Learned counsel for the Applicants submitted that the
complainant had admitted during his cross-examination that the
accounts of the partnership firm were not settled and, therefore, at
this stage, the actual amount which was payable to the Respondent
No.2 was not crystallized and hence, there was no legally
enforceable liability regarding the amount of Rs.80,56,000/- on
the applicants.
5. Considering these submissions, it is necessary to hear the
other side. Learned counsel for the Applicants invited my attention
to the order dated 02/05/2023 passed below the application dated
19/04/2023 in Criminal Appeal No.141 of 2019 passed by the
District Judge-3 and Additional Sessions Judge, Kolhapur. A copy
of the said order is taken on record and marked 'X' for
identification. Vide that order, the Applicant No.2 was protected
from arrest till 12/06/2023. Considering the submissions made by
learned counsel for the Applicants, that protection is extended till
the next date.
6. Hence, the following order:
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ORDER
i) Issue Notice to the Respondents, returnable on
24/08/2023.
ii) Stand over to 24/08/2023.
iii)Till then, the protection granted by the Appellate
Court on 02/05/2023 is continued.
(SARANG V. KOTWAL, J.)
