Bombay High Court
Powertech Worldwide Ltd. And Anr vs State Of Maharashtra And Anr on 17 January, 2024
Author: Prakash D. Naik
Bench: Prakash D. Naik
2024:BHC-AS:2245
31-WP(ST)-1099-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST) NO. 1099 OF 2024
Powertech Worldwide Ltd. And Anr. ...Petitioners
Versus
State Of Maharashtra And Anr. ...Respondents
....
Mr. J.S. Kini a/w Mr. Aum Kini i/by Miss. Sapna Krishnappa, Advocate
for the Petitioners.
Mr. Sugandh Deshmukh a/w Adv. Irvin Dsouza, Mr. Vaibhav Thorve,
Advocate for Respondent No.2.
Mr. Y.Y. Dabake, APP for Respondent-State.
....
CORAM : PRAKASH D. NAIK, J.
DATE : 17th JANUARY, 2024.
P.C.:
1. The Petitioners are convicted for an offence under
Section 138 of Negotiable Instruments Act, 1881 (for short 'N.I.
Act') vide Judgment and Order dated 13th May, 2019 and sentenced
to suffer imprisonment for one month and directed to pay
compensation of Rs.10,00,000/-. The Petitioners preferred Appeal
No.10 of 2022 before the Sessions Court challenging the Judgment
of conviction. There was delay of six days in filing the Appeal. The
Digitally signed
by SUNNY
SUNNY ANKUSHRAO
ANKUSHRAO THOTE
THOTE Date: 2024.01.17
20:57:16 +0530 complaint viz. S.C.C. No.15 of 2008 was filed by Respondent No.2.
The Petitioner preferred Criminal M.A. No. 14 of 2019 for
condonation of delay in filing Appeal. The Petitioner had prayed for
Sunny Thote 1 of 6
::: Uploaded on - 17/01/2024 ::: Downloaded on - 18/01/2024 07:26:52 :::
31-WP(ST)-1099-2024.doc
suspension of sentence. Vide Order dated 27 th September, 2019
passed below Exh.4, the execution and operation of sentence in
Judgment dated 13th May, 2019 was suspended. The Petitioner
No.2 was directed to deposit 50% amount i.e. Rs.5,00,000/- out of
compensation amount in the Court within 15 days. The Petitioner
No.2 was released on bail in the sum of Rs.50,000/- with one or
more solvent sureties in the like amount. The Petitioner No.2 was
directed to personally remain present before the Court and furnish
his present address on affidavit. He was also directed to produce
authentic address proof. The Respondent No.1 preferred
application below Exh.16 to cancel Order dated 27 th September,
2019 as the Applicant No.2 had not complied the said Order. The
learned Assistant Sessions Judge by Order dated 14 th October, 2019
observed that Applicant No.2 should have remained present before
the Court and complied the Order. The Petitioner No.2 has not filed
any application for seeking time to comply the Order. Order dated
27th September, 2019 was cancelled. The delay in preferring appeal
was condoned vide Order dated 17th August, 2021.
2. The Petitioners preferred Writ Petition No.330 of 2019
challenging above Orders before this Court. Vide Order dated 12 th
July, 2023, this Court set aside Order dated 27 th September, 2019
Sunny Thote 2 of 6
::: Uploaded on - 17/01/2024 ::: Downloaded on - 18/01/2024 07:26:52 :::
31-WP(ST)-1099-2024.doc
and 14th October, 2019. The Sessions Court was directed to
consider application of Respondent No.2 for suspension of sentence
and releasing him on bail a fresh. The Petitioners preferred
application Exh.23 before Sessions Court for suspension of sentence
on 9th January, 2024. The Petitioner No.2 was taken in custody on
9th January, 2024 in execution of non-bailable warrant. Thus the
Petitioner No.2 is in custody from 9th January, 2024.
3. Learned Counsel for the Petitioner submits that the
Petitioner is ill. The Petitioner was willing to deposit 20% of the
amount of compensation. He had preferred an Application for
suspension of sentence. He ought not to have been taken into
custody. In the connected Appeal sentence was suspended and bail
was granted to Petitioner No.2 with consent of Respondent No.1.
4. Per contra learned Counsel for Respondent/complainant
submitted that the conduct of the Petitioner is required to be
deprecated. Although the Appeal was filed in 2019, no orders were
passed with regard to suspension of sentence for substantial period
of time. The Petitioners did not comply Order dated 27th September,
2019. Non-bailable warrant was issued against Petitioner No.2 on
11th August, 2019. On 14th January, 2020, the Police went to
Chaman Cherry House, Taluka Payannur, District Kannur, State of
Sunny Thote 3 of 6
::: Uploaded on - 17/01/2024 ::: Downloaded on - 18/01/2024 07:26:52 :::
31-WP(ST)-1099-2024.doc
Kerala. Petitioner No.2 was not found. On 16 th August, 2023, the
Petitioner No.2 filed an application for setting aside NBW. Vide
Order dated 16th August, 2023 NBW was stayed till next date. The
period of six weeks was over on 23rd August, 2023. On 30th
September, 2023 the Petitioner No.2 and his Advocate were absent.
The learned Sessions Judge issued NBW against Petitioner No.2 on
30th September, 2023. In October, 2023, the Petitioner No.2 has
filed application for personal exemption. He did not file application
for suspension of sentence. Time was granted for compliance. On
4th November, 2023 application was filed to stay NBW. On 9 th
January, 2024 Petitioner No.2 was arrested. He was taken in
judicial custody. After the Order was passed the Petitioner No.2
preferred an application for suspension of sentence.
5. The Petitioners are convicted vide Judgment dated 13 th
May, 2019. It is apparent that Petitioners are delaying the
proceedings. The Petitioner No.2 was not available. Non-bailable
warrant was issued against him. The Petitioner No.2 did not appear
before Sessions Court. However, he has been now taken in custody
on 9th January, 2024. In the other appeal between the same parties
the Sessions Court had suspended the sentence passed in S.C.C.
No.16 of 2008 till decision of appeal subject to depositing 20%
Sunny Thote 4 of 6
::: Uploaded on - 17/01/2024 ::: Downloaded on - 18/01/2024 07:26:52 :::
31-WP(ST)-1099-2024.doc
compensation, vide Order dated 9th January, 2024. Considering the
facts of the case, the Judgment of conviction, the sentence in the
present case can be suspended subject depositing 40% amount
towards compensation.
ORDER
i. Criminal Writ Petition (St.) No.1099 of 2024 is allowed;
ii. The sentence of imprisonment imposed vide Judgment
and Order dated 13th May, 2019 passed by learned Additional
Chief Judicial Magistrate, Niphad in S.C.C. No.15 of 2008 is
suspended and the Petitioner No.2 is directed to be released
on bail on executing P.R. Bond in the sum of Rs.25,000/- with
one or more sureties in the like amount during pendency of
appeal pending before Sessions Court, Niphad subject to
Petitioners depositing 40% of amount of compensation within
two weeks from the date of his release.
iii. The Sessions Court shall decide the Appeal preferred by
the Petitioners on merits and in accordance with law.
iv. The Petitioner No.2 is permitted to furnish cash bail in
the sum of Rs.25,000/- for a period of four weeks in lieu of
surety.
Sunny Thote 5 of 6
31-WP(ST)-1099-2024.doc
v. The Petitioner No.2 shall furnish his residential address
with proof before concerned Court.
vi. The Petitioner No.2 shall appear before Appellate Court
as and when called for.
vii. Parties to act on authenticated copy of this Order.
viii. Petition stands disposed off.
(PRAKASH D. NAIK, J.)
Sunny Thote 6 of 6
