Bombay High Court
Zahra Ruhani vs Azmi Adil Manzoor Ahmad And Anr on 25 October, 2023
Bench: S. V. Kotwal
1 of 3 4-APL-1275-2023
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.1275 OF 2023
Zahra Ruhani ...Applicant
Versus
Azmi Adil Manzoor Ahmad & Anr ...Respondents
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Mr. Bhomesh Bellan, Advocate for Applicant.
Mr. Yogesh Y. Dabke, APP for State/Respondents.
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CORAM : SARANG V. KOTWAL, J.
DATE : 25th OCTOBER 2023
PC :
1. The Applicant was the original Accused in C.C.
No.7595/SS/2017 before the Metropolitan Magistrate 48th Court,
Andheri, Mumbai. The learned Magistrate vide his judgment and
order dated 3rd January 2023, convicted the Applicant under
Section 138 of the Negotiable Instruments Act, 1881 (hereafter
referred to the "N.I. Act"). She was sentenced to suffer simple
imprisonment for three months and to pay compensation of Rs.55
Lakhs to the original complainant i.e., the Respondent No.1 herein.
In default of payment of compensation, the Applicant was directed
Digitally
signed by
ASHWINI
to suffer further simple imprisonment for fifteen days. The subject
ASHWINI JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
2023.10.26
11:14:10
+0530
matter of the prosecution was dishonour of cheque for the amount
Ashwini V
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of Rs.32 Lakhs.
2. The Applicant challenged that order by way of Criminal
Appeal No.143/2023 before the Additional Sessions Judge,
Dindoshi, Mumbai. In that Appeal she preferred Applications at
Exhibits 4 and 5 for suspension of sentence and for order of bail.
The learned Additional Sessions Judge vide his order dated
20th June 2023, suspended the substantive sentence imposed on
the Applicant on the condition that, the Applicant was to deposit
sum of Rs.19,25,000/- out of the compensation amount within a
period of sixty days.
3. Learned Counsel for the Applicant submitted that the
learned Judge proceeded on the footing that the minimum amount
which can be directed to be deposited under Section 148 of the
N.I. Act is 30% of the compensation amount. However, that is not
correct. The section provides the minimum amount of 20% of the
compensation amount. He further submitted that the learned
Judge did not consider the existence of exceptional circumstances
in directing deposit of the said amount. Besides these points on
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merits, learned Counsel for the Applicant on instructions stated
that, the Applicant is willing to explore the possibility of
settlement.
4. Considering all these submissions, it is necessary to hear
the Respondent No.1. Hence, the following order:
ORDER
i) Issue notice to the Respondent No.1, returnable
on 18th December 2023.
ii) By way of ad-interim relief, till that date, the
condition to deposit sum of Rs.19,25,000/-
(Rupees Ninety Lakh Twenty Five Thousand only)
is stayed.
iii) It is made clear that there is no stay on the other
conditions imposed by the impugned order and
there is no stay to proceed with the hearing of the
Appeal pending before the Appellate Court.
iv) Stand over to 18th December 2023.
(SARANG V. KOTWAL, J.)
