Bombay High Court
Jagdish Chotelal Sharma vs State Of Maharashtra And Anr on 7 August, 2024
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HEMANT
2024:BHC-AS:32208
HEMANT CHANDERSEN
CHANDERSEN SHIV
SHIV Date:
2024.08.13
11:02:36
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H.C. SHIV 910.w11148.24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION STAMP NO.11148 OF 2024
Jagdish Chotelal Sharma ...Petitioner
vs.
State of Maharashtra & Anr. ...Respondents
Mr. Ashish Chavan with Zishan Quazi for the Petitioner.
Mr. Rajendra Saluja i/b Sandeep Kumbhar for the Respondent No.2.
CORAM : SHYAM C. CHANDAK, J.
DATED : 7th AUGUST, 2024
P. C. :
1) Present Petition filed under Article 227 of the Constitution of
India and Section 482 of the Code of Criminal Procedure seeks quashing
and setting aside of a condition to deposit of Rs.7,00,000/- towards part
payment of the fine amount.
2) By the judgment and order dated 19 th January, 2024 passed by
33rd Court of Metropolitan Magistrate, Ballard Pier, Mazgaon, Mumbai in
C.C.No.4951/SS/2019, the Petitioner has been convicted under Section 138
of the Negotiable Instruments Act and sentenced to suffer S.I. for one year
and to pay fine of Rs.33,60,000/- with interest at 9% p.a. from the date of
the said order till its realisation, within one month from the said order, with
H.C. SHIV 910.w11148.24.doc
a default clause.
3) By the impugned order dated 22 nd February, 2024 passed by
the learned Additional Sessions Judge, Mazgaon, Mumbai in Criminal M.A.
No.368 of 2024, the said sentence of imprisonment and fine has been
suspended till the decision of Criminal Appeal No.106 of 2024, filed against
the said judgment and order dated 19 th January, 2024. However, a condition
has been imposed on the Petitioner to deposit Rs.7,00,000/-, towards
suspension of sentence of imprisonment and fine amount, as stated above.
4) Heard Mr.Chavan, learned Advocate for the Petitioner and
Mr.Saluja, learned Advocate for the Respondent No.2.
5) Rule. Rule is made returnable forthwith. By consent of the
parties, the matter is taken up for final hearing.
6) After hearing learned Advocate for the Petitioner for sometime,
learned Advocate for the Petitioner submitted that the Petitioner is ready to
deposit the said amount of Rs.7,00,000/- as directed in the impugned
order. However, he seeks 45 days time to deposit the same i.e. 75% of the
amount within i.e. 30 days from this order and 25% within 15 days
thereafter. Further, learned Advocate voluntarily stated that the
Respondent No.2 may be permitted to withdraw the said amount of
Rs.7,00,000/- from the Appellate Court. Statement accepted.
7) Learned Advocate for the Petitioner submitted that, as the
H.C. SHIV 910.w11148.24.doc
Petitioner did not comply with the directions to deposit the said amount of
Rs.7,00,000/-, the order of suspending the sentence has not become
absolute. Therefore, the trial Court issued a conviction warrant against the
Petitioner, which the Petitioner has challenged by way of a revision bearing
Criminal Revision Application No.565 of 2024. The said Revision is pending
before the same Additional Sessions Judge, who is dealing with the
Petitioner's Criminal Appeal No. 106 of 2024.
8) In view thereof, the Petition deserves to be partly allowed.
Hence, the following order :-
(a) Writ Petition is partly allowed.
(b) The Petitioner shall deposit 75% amount of the amount of
Rs.7,00,000/- within one month from the date of uploading of this
order. The Petitioner shall deposit the remaining amount i.e. 25%
within 15 days thereafter. The amount shall be deposited in the trial
Court, as directed in the impugned order.
(c) The impugned order of suspension of the sentence of the
Appellant shall remain operative during the aforesaid period of 45
days, provided the Petitioner deposits the amount as aforestated.
(d) In case the Petitioner commits default in depositing the amount
as aforestated, this order shall stand vacated without further
reference to this Court.
H.C. SHIV 910.w11148.24.doc
(e) Respondent No.2 is permitted to withdraw the said amount of
Rs.7,00,000/- immediately after its deposit, as stated above, subject
to his furnishing indemnity bond of Rs.7,00,000/- containing
undertaking that if in the future, the concerned Appellate Court
dealing with the Criminal Appeal directs the Respondent No.2 to
refund the said amount of Rs.7,00,000/-, the Respondent No.2 shall
refund the said amount as may be directed by the said Appellate
Court. Additionally, the Respondent No.2 shall furnish one or two
sureties in the sum of Rs.7,00,000/-.
(f) Petition is disposed of in the aforesaid terms. Rule is made
absolute.
9. List the matter for recording compliance on 18th September,
2024.
[SHYAM C. CHANDAK, J.]
