Bombay High Court
Vijay Bhalchandra Joshi vs State Of Maharashtra on 23 October, 2023
Bench: S. V. Kotwal
1 of 5 9-REVN-339-2023+
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.339 OF 2023
WITH
INTERIM APPLICATION NO.3848 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.339 OF 2023
WITH
INTERIM APPLICATION NO.3849 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.339 OF 2023
Vijay Bhalchandra Joshi ...Applicant
Versus
The State of Maharashtra & Anr ...Respondents
------------
Mr. Sarthak Solaskar, Advocate for Applicant.
Mr. Arfan Sait, APP for State/Respondents.
------------
CORAM : SARANG V. KOTWAL, J.
DATE : 23rd OCTOBER 2023
PC :
1. The Applicant is the original Accused in C.C.
No.5600870/SS/2017 before the Metropolitan Magistrate 20th
Court, Mazgaon, Mumbai. The learned Magistrate vide his
judgment and order 11th November 2019 convicted the Applicant
Digitally
signed by
for commission of offence punishable under Section 138 of the
ASHWINI
ASHWINI JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
2023.10.25
02:55:59
+0530 Negotiable Instruments Act, 1881. He was sentenced to suffer
Ashwini V
::: Uploaded on - 25/10/2023 ::: Downloaded on - 25/10/2023 23:15:29 :::
2 of 5 9-REVN-339-2023+
simple imprisonment till rising of the Court and to pay a fine
amount of Rs.2,75,000/- and in default to suffer simple
imprisonment for six months. The Applicant was directed to pay
9% per annum interest on the cheque amount from the date of
cause of action till realization of the amount.
2. The Applicant preferred Criminal Appeal No.988/2019
before the Additional Sessions Judge, City Civil and Sessions
Court, Greater Bombay. That Appeal was dismissed vide judgment
dated 23rd June 2023. That is how, the Applicant has preferred the
present Application.
3. The matter was filed digitally but due to internet issues,
the file could not be downloaded at the time of hearing of this
matter for admission. Therefore learned Counsel for the Applicant
submitted the hard copies of the said Application. Considering the
urgency, these hard copies are taken on record in the record of this
case. A copy of the same is given to the learned A.P.P. Based on
these copies, I have heard the learned Counsel for the Applicant.
4. The prosecution case is that the Applicant was owning a
::: Uploaded on - 25/10/2023 ::: Downloaded on - 25/10/2023 23:15:29 :::
3 of 5 9-REVN-339-2023+
bungalow at Nashik Road. The Accused showed willingness to sell
that property to the complainant. The complainant paid
Rs.2,75,000/- for that transaction. After a few days, the Applicant
did not want to go ahead with the transaction and instead showed
willingness to refund the money. In repayment of that amount, he
issued a cheque dated 11th November 2015 for Rs.2,75,000/-
drawn on State Bank of India, Nashik. The cheque was
dishonoured and, therefore, this prosecution was launched in
which the Applicant convicted. Learned Counsel for the Applicants
did not make any submissions on merits of the matter. He
submitted that the Applicant is desirous of settling the matter with
the complainant. He further submitted that he had deposited
Rs.87,400/- during the pendency of the Appeal in the Sessions
Court at Greater Bombay. He submitted that the amount is already
withdrawn by the complainant. He submitted that in addition to
that amount, the Applicant is willing to deposit Rs.1,00,000/-
more within a period of six weeks from today before the trial
Court. He further submitted that the Applicant does not have any
objection if the Respondent No.2-complainant withdraws that
::: Uploaded on - 25/10/2023 ::: Downloaded on - 25/10/2023 23:15:29 :::
4 of 5 9-REVN-339-2023+
amount on execution of the necessary undertaking that, such
withdrawal would be subject to the final outcome of the present
Revision Application.
5. Considering the stand taken by the Applicant and also
considering his willingness to deposit the substantial part of the
cheque amount, at this stage, he can be protected by way of ad-
interim relief till the complainant is heard.
6. Hence, the following order:
ORDER
i) Issue notice to the Respondent No.2, returnable
on 24th January 2024.
ii) The Applicant is permitted to deposit
Rs.1,00,000/- (Rupees One Lakh only) within a
period of six weeks from today with the trial
Court.
iii)By way of ad-interim relief, till 24th January 2024
the substantive sentence imposed on the
5 of 5 9-REVN-339-2023+
Applicant shall stand suspended.
iv) This order shall operate only till 24 th January
2024.
v) Stand over to 24th January 2024.
(SARANG V. KOTWAL, J.)
