Stroyen Sukumar Joshua vs The State Of Maharashtra And Anr
2023 Latest Caselaw 11213 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CRIMINAL APPELLATE JURISDICTION

              CRIMINAL REVISION APPLICATION NO.354 OF 2023
                                 WITH
                  INTERIM APPLICATION NO.3942 OF 2023
                                   IN
              CRIMINAL REVISION APPLICATION NO.354 OF 2023

    Stroyen Sukumar Joshua                              .... Applicant
               versus
    The State of Maharashtra & Anr.                     .... Respondents
                                 .......

    •       Mr. Ashok Kumar Dubey a/w Anil Pandey a/w Shweta yadav
            i/b. SAVJ Law Solutions, Advocate for Applicant.
    •       Mr. Yogesh Y. Dabke, APP for the State/Respondent.

                                  CORAM    : SARANG V. KOTWAL, J.
                                  DATE     : 01st NOVEMBER, 2023

    P.C. :


    1.               Heard Mr. Ashok Kumar Dubey, learned counsel for the

         Applicant and Mr. Yogesh Y. Dabke learned APP for the State.



    2.               The Applicant is the accused No.1 in C.C. No.1400654/

         SS/2010 before the Metropolitan Magistrate, 14th Court,

         Girgaon, Mumbai. Learned counsel for the Magistrate vide his

         judgment and order dated 05/10/2015 convicted the Applicant


Nesarikar




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

      Instruments         Act.   He    was   sentenced     to     suffer       simple

      imprisonment for six months and to pay fine of Rs.9,44,563/-

      and in default to suffer simple imprisonment for 15 days. The

      Trial Court's order was challenged by the Applicant in Criminal

      Appeal No.930 of 2015 before the Court of Sessions for Greater

      Mumbai. That Appeal was dismissed vide order dated 01/09/2023.



 3.               Learned counsel for the Applicant invited my attention

      to a photocopy of the cheque in question which is annexed at

      page No.99 of this Revision Application. The subject matter of

      the prosecution is dishonour of the said cheque dated

      06/05/2010 drawn on The Mogaveera Co-operative Bank Ltd.,

      Vikhroli (West) Branch, bearing No.234566 for Rs.6,35,000/-.

      Learned counsel invited my attention to the contents of the

      cheque which show that the cheque was drawn by proprietor of

      Sam Traders. The present Applicant was not the drawer of the

      cheque and therefore according to learned counsel for the

      Applicant, no offence was made out against the present




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      Applicant at all. The Trial Court has not considered this aspect

      and the Appellate Court has glossed over this fact by merely

      observing that the complainant's case was not that the

      transaction was with Sam Traders. The transaction was with the

      present Applicant and therefore he was held to be liable. At this

      stage, I find substance in the submissions of learned counsel for

      the Applicant. Therefore, it is necessary to hear the other side.

      Learned counsel for the Applicant has made out a case for grant

      of protection by way of ad-interim relief till the next date.


 4.               Hence, the following order :


                                           ORDER

(i) Issue notice to the Respondent No.2 returnable on 18/01/2024.

(ii) Till then, the substantive sentence imposed on the Applicant shall stand suspended.

(iii) Stand over to 18/01/2024.

(SARANG V. KOTWAL, J.)