[Cites 2, Cited by 0]
Bombay High Court
Kishor Vishwanath Deshmukh vs M/S J K Helene Curtis Ltd on 20 May, 2026
13-APL-1002-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION (APL) NO. 1002 OF 2026
Mr. Kishor Vishwanath Deshmukh ... Applicant
Versus
M/s. J K Helene Curtis Ltd. and Anr. ... Respondents
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Mr. Chaitanya K. Pendse, for the Applicant.
Mr. Shyam Dewani, (through V.C.) a/w Mr. Sahil Dewani and Mr.
Sachet Makhija i/b Dewani Associates, for the Respondent No.1.
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CORAM : SANDESH D. PATIL, J.
DATE : 20 th MAY, 2026.
(VACATION COURT)
P.C. :
1. Heard Mr. Chaitanya K. Pendse, learned Counsel appearing for
the Applicant-original Accused and Mr. Shyam Dewani, learned
Counsel appearing for the Respondent No.1.
2. Mr. Chaitanya K. Pendse, learned Counsel appearing for the
Applicant submits that the Applicant is convicted for the offence
punishable under Section 138 of the Negotiable Instruments Act. He
submits that the Applicant had preferred the Appeal against the
13-APL-1002-2026.doc
Judgment and Order dated 7 th March, 2026 passed by the learned
Additional Chief Judicial Magistrate, 10, Thane.
3. On 9th April, 2026, the learned Additional Sessions Judge was
pleased the suspend the sentence subject to condition that the
Applicant to deposit amount of Rs.50,00,000/- i.e. 20% of Rs.2.50
Crores. He submits that the Applicant had arranged some sum through
his wife and his acquaintances, however, large chunk of money is lying
in the Provident Fund Account of the Applicant. He further submits
that the Respondent is the employer and all that the Applicant has
requested is co-operation from the employer to give the details and
initiate the process under the provisions of the Employees' Provident
Funds and Miscellaneous Provisions Act, 1952 for the purpose of
releasing the amount lying in the U.A.N No.100194542572 of the
Applicant so as to enable the Applicant to comply with Order dated 9 th
April, 2026.
4. Mr. Shyam Dewani, learned Counsel appearing for the
13-APL-1002-2026.doc
Respondent No.1 submits that the Court has no jurisdiction to issue
such direction. He submits that, a similar application was made by the
Applicant before the learned Sessions Court and the same was rejected.
He submits that there is no provision under which such application can
be entertained.
5. Heard learned Counsel appearing for the parties. The present
proceeding is filed under the provisions of Section 528 of the
Bharatiya Nagarik Suraksha Sanhita, 2023. The Applicant was
admittedly an employee of the Respondent No.1. Admittedly, some
amount, though the quantum is not known at this juncture, is lying in
the Provident Fund Account of the Applicant. The employer is duty
bound to assist and help the Applicant to get his own hard earned
money from the Provident Fund Account. In this circumstance, issue
Notice to the Respondents.
6. Advocate Mr. Shyam Dewani waives service on behalf of
Respondent No.1.
13-APL-1002-2026.doc
7. The relation between the parties are admitted. In the meanwhile,
the Respondent No.1 is directed to co-operate with the Applicant and
initiate necessary process as is required under the Employees'
Provident Funds and Miscellaneous Provisions Act, 1952 for the
purpose of releasing the amount lying in the U.A.N
No.100194542572.
8. Leave to carry out the amendment is granted. Amendment to be
carried out forthwith.
9. Learned Counsel appearing for the Respondent No.1 to file
affidavit-in-reply.
10. Stand over to 8th June, 2026.
(SANDESH D. PATIL, J.)
