Bombay High Court
Bhupinder Singh Anand vs M/S Kamraj Co Operative Credit Society ... on 17 January, 2024
Author: Prakash D. Naik
Bench: Prakash D. Naik
14-WP(ST)-1012-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL WRIT PETITION (ST) NO. 1012 OF 2024
Bhupinder Singh Anand ...Petitioner
Versus
M/s Kamraj Co-Operative Credit Society Ltd
Thr. Miss. Suvarna Prakash Salviand Anr. ...Respondents
....
Mr. Vinay Bhanushali a/w Mr. Sanmit Vaze, Mr. Govind Ghogare,
Advocate for the Petitioner.
Mr. Arfan Sait, APP for Respondent-State.
....
CORAM : PRAKASH D. NAIK, J.
DATE : 17th JANUARY, 2024.
P.C.:
1. The Petitioner is convicted for an offence under Section
138 of Negotiable Instruments Act, 1881 (for short 'N.I. Act') vide
Judgment and Order dated 19th March, 2022 passed by Learned
Metropolitan Magistrate 20th Court, Mazgaon, Mumbai in Criminal
Case No.2002223/SS/2020. The Petitioner was sentenced to suffer
Digitally signed
by SUNNY
simple imprisonment till rising of the Court and to pay a fine of
SUNNY ANKUSHRAO
ANKUSHRAO THOTE
THOTE Date:
2024.01.20
16:56:09 +0530
Rs.27,00,000/-.
2. The Judgment of conviction was challenged before the
Sessions Court by preferring an appeal. Since there was delay in
preferring the appeal separate application was preferred for
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condonation of delay. Vide Order dated 14 th July, 2023 the sentence
imposed vide Judgment dated 19th March, 2023 was suspended
subject to depositing the amount of Rs.6,75,000/- within two
weeks. Subsequently, the Petitioner filed an application for
extension of time to depositing the amount. The Petitioner had
contended that pursuant to the Judgment conviction, the Petitioner
had paid an amount of Rs.5,40,000/- to the complainant in
compliance with Order passed by the trial during the pendency of
trial under Section 143-A of N.I. Act. The Petitioner preferred an
application before the learned Sessions Judge that the amount of
Rs.5,40,000/- be adjusted towards the amount directed to be
deposited by the Petitioner while suspending the sentence. The
learned Sessions Judge 18th August, 2023 directed the Petitioner to
deposit the sum of Rs.1,35,000/- before the Court. The prayer for
adjustment of the said amount as stated above was pending as the
complainant was permitted to file reply in respect to relief sought
by them. Subsequently, vide Order 1st November, 2023 the
application for condonation of delay was rejected by the Sessions
Court.
3. Learned Advocate for the Petitioner submitted that the
delay was of 477 days. The delay was explained. In the interest of
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justice delay ought to have been condoned. The Petitioner had
parted an amount of Rs.5,40,000/- to the complainant and further
amount of Rs.1,35,000/- has been deposited before the trial Court.
Pursuant to dismissal of the application for condonation of delay,
conviction warrant has been issued against the Petitioner.
Considering the aforesaid circumstances, I pass the following order;
ORDER
i. Issue notice to Respondent No.1, returnable on 15th
February, 2024.
ii. In the meantime, the operation of interim order of
suspension dated 14th July, 2023 passed by the Sessions Court
suspending the sentence is restored and the same shall
continue till the next date of hearing.
(PRAKASH D. NAIK, J.)
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