Bombay High Court
Gopal Damodar Pandey vs The Hccs Urban Co Op Credit Soc Ltd ... on 16 October, 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.17011 OF 2023
Gopal Damodar Pandey .... Petitioner
versus
The HCCS Urban Co-Op.
Credit Soc. & Anr. .... Respondents
.......
• Mr. M. K. Kocharekar i/b. Mr. Akhilesh Singh, Advocate for
Petitioner.
• Mr. A. R. Patil, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 16th OCTOBER, 2023
P.C. :
1. The Petitioner is the original accused in Case
No.0606579/SS/2018 before the Metropolitan Magistrate, 6 th
Court, Mazgaon (Sewri), Mumbai. The Petitioner was convicted
by the Trial Court vide Judgment and Order dated 30/09/2023
u/s 138 of the Negotiable Instruments Act. He was sentenced to
suffer simple imprisonment for three months and to pay
compensation of Rs.25,89,986/- and in default to suffer simple
imprisonment for 15 days.
Nesarikar
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2. The Petitioner challenged that order vide Criminal
Appeal No.635 of 2022 before the Court of Sessions at Greater
Mumbai. The Appellate Court vide order dated 25/11/2022
suspended the substantive sentence on the condition of the
Petitioner depositing 20% of the compensation within two
months from 25/11/2022. The Petitioner did not deposit that
amount. He filed fresh application vide Criminal Miscellaneous
Application No.758/2023 in Appeal No.635 of 2022 before the
same Appellate Court for relaxation of the same condition of
depositing that amount. That application was rejected by the
impugned order dated 14/08/2023.
3. Learned counsel for the Petitioner submitted that the
transaction in question involved two shops. Both these shops as
of today are surrendered by the Petitioner in favour of the
Respondent No.1 - complainant. Those shops were given as co-
lateral security for obtaining loan. Therefore, as of today he has
lost the shops and he has incurred the liability to pay
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compensation. He therefore submitted that the condition of the
depositing of 20% of the compensation amount to be deleted.
4. He further submitted that the impugned order was
passed on 14/08/2023. The Hon'ble Supreme Court has passed
judgment on 04/09/2023 in the case of Jamboo Bhandari Vs. M.
P. State Industrial Development Corporation Ltd. & Ors., in
Criminal Appeal No.2741 of 2023. According to Mr. Kocharekar,
the ratio of this judgment is that, under certain circumstances,
the condition of depositing of 20% of the compensation amount,
can be relaxed. He submitted that this is a fit case in which the
condition can be relaxed.
5. Considering these submissions, it is necessary to hear
the other side. Learned counsel for the Petitioner has made out a
case for grant of ad-interim relief.
6. Hence, the following order :
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ORDER
(i) Issue notice to the Respondent No.1 returnable
on 15/12/2023.
(ii) Till the next date, the substantive sentence of the
Petitioner shall remain suspended.
(iii) Stand over to 15/12/2023.
(SARANG V. KOTWAL, J.)
