Bombay High Court
Kirit R Rambhia vs Nalini H Valia Through Her ... on 23 October, 2023
Bench: S. V. Kotwal
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO.334 OF 2023
WITH
INTERIM APPLICATION NO.3843 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.334 OF 2023
WITH
INTERIM APPLICATION NO.3842 OF 2023
IN
CRIMINAL REVISION APPLICATION NO.334 OF 2023
Kirit R. Rambhia .... Applicant
versus
Nalini Harkisandas Valia & Ors. .... Respondents
.......
• Mr. Amol Joshi a/w Chetan S. Pawar, Advocate for Applicant.
• Mr. Jatin P. Karia (Shah) a/w Snehankita Munj a/w Shraddha
Kamble, Advocate for Respondent No.1.
• Mr. Ajay Patil, APP for the State/Respondent.
CORAM : SARANG V. KOTWAL, J.
DATE : 23rd OCTOBER, 2023
P.C. :
1. The Applicant was the original accused in Summary
Criminal Case No.1689/SS/2018 before the Metropolitan
Magistrate, 20th Court, Mazgaon, Mumbai. The complaint was
Nesarikar
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lodged by the Respondent No.1. It is her case that the
complainant/Respondent No.1 advanced loan of Rs.5 lakhs on
the request of the Applicant. As a security, the Applicant
executed a promissory note. In repayment of the loan, he issued
a cheque dated 03/05/2018 for Rs.5 lakhs drawn on Punjab
National Bank, M. G. Road, Thane Branch. That cheque was
dishonoured and therefore the prosecution was launched. At the
conclusion of the Trial, the Applicant was convicted for
commission of offence punishable u/s 138 of Negotiable
Instruments Act and was sentenced to suffer simple
imprisonment till rising of the Court and to pay a fine of Rs.5
lakhs and in default to suffer simple imprisonment for three
months. The Applicant was directed to pay Rs.5 lakhs as
compensation with 9% interest per annum from the cause of
action till realization of the amount. This judgment and order
was passed on 17/02/2020.
2. The Applicant challenged the judgment and order of
conviction and sentence by way of Criminal Appeal No.258 of
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2020 before the Additional Sessions Judge, Mumbai. The Appeal
was dismissed by the judgment dated 17/06/2023 and therefore
the Applicant has preferred this Revision Application.
3. Learned counsel for the Applicant submitted that the
complainant did not have money lending license and therefore
transaction was not legal and hence there was no legally
enforceable liability. He further submitted that the complainant
was not examined.
4. Learned counsel Mr. Jatin P. Karia (Shah) appears for
the Respondent No.1 and waives service of notice. He submitted
that a copy of the Revision Application is not yet served on him.
He submitted that the Respondent No.1 is 82 years of age and
therefore it is necessary that some relief is given to her.
5. Apart from the submissions on merits, learned counsel
for the Applicant submitted that the Applicant has deposited
20% of the cheque amount before the Appellate Court during
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pendency of the Appeal. That amount is already withdrawn by
the Respondent No.1. He further submitted on instructions that
the Applicant is desirous of making efforts to settle the matter
with the Respondent No.1. This submission of the Applicant is
quite reasonable and shows his bonafide intention. Therefore to
permit the parties to explore possibility of settlement, today I am
adjourning the matter. But I am also keeping it in mind that the
Respondent No.1 is 82 years of age. Therefore, only short
adjournment is given. If within that period, parties arrived at
settlement, that can be taken into consideration, otherwise
matter can be argued and disposed of on merits.
6. Hence, the following order :
ORDER
(i) Issue notice to the Respondent No.1 returnable
on 06/11/2023.
(ii) Learned counsel Mr. Jatin P. Karia (Shah) waives
service of notice on behalf of the Respondent
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No.1.
(iii) Till the next date, the substantive sentence
imposed on the Applicant, stands suspended by
way of ad-interim relief.
(iv) This order shall operate till 06/11/2023.
(v) Stand over to 06/11/2023.
(SARANG V. KOTWAL, J.)
