Allowed

Amit Ashok Kanungo v. Jal Exports and Anr.

Bombay HC7 Jan 2019APPR/5/2019

Case brief

AI extract

What is this about?

This High Court Criminal Appellate Jurisdiction bench granted bail to the applicant accused convicted under Section 138 of the Negotiable Instruments Act. Bail was granted on conditions including depositing a specific amount of compensation as fine in installments, furnishing a bond, and surrendering the passport.

What did the court decide?

Bail granted on payment of balance fine in installments, furnishing bond, and surrendering passport.

Amit Ashok Kanungo Vs Jal Exports and Anr. — Cheque Dishonour | Bombay HC (2019)

¶1

515.APPR5_2018 & aNR..doc

¶2

Vidya Amin.

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION

¶4

CRIMINAL APPLICATION No. 5 OF 2019 IN

¶5

CRIMINAL REVISION APPLICATION NO. 6 OF 2019

¶6

a/w.

¶7

CRIMINAL APPLICATION No. 7 OF 2019 IN

¶8

CRIMINAL REVISION APPLICATION NO. 7 OF 2019

¶9

a/w. CRIMINAL APPLICATION No. 9 OF 2019 IN

¶10

CRIMINAL REVISION APPLICATION NO. 8 OF 2019

¶11

a/w.

¶12

CRIMINAL APPLICATION No. 11 OF 2019 IN

¶13

CRIMINAL REVISION APPLICATION NO. 9 OF 2019

¶14

Amit Ashok Kanungo … Applicant vs.

¶15

Jal Exports & Anr. … Respondents

¶16

Mr. Jatin Shah i/b. Rina H. Pujara, Advocate for the applicant. Mr. Prasad Borkar, Advocate for respondent no. 1. Mr. A.R. Patil, APP for the respondent no. 2/State.

¶17

CORAM: Mrs.MRIDULA BHATKAR, J. DATED: 7^th January, 2019.

¶18

P.C. :

¶19

Upon mentioning, taken on production board.

¶20

2. In all these Bail Applications, common order is passed, as

¶21

the applicant-accused and respondent no. 1, who is original

¶22

complainant, are same. The Metropolitan Magistrate has

¶23

1 of 4

¶24

515.APPR5_2018 & aNR..doc

¶25

convicted the applicant/accused for the offence under section 138 of Negotiable Instruments Act in C.C. Nos. 5453/SS/2011, 5454/SS/2011, 5455/SS/2011 and 5456/SS/2011 by the judgment and order dated 1^st March, 2016. The said order was challenged by the applicant before the learned Sessions Judge by filling Criminal Appeals No. 420 of 2016, 421 of 2016, 422 of 2016 and 423 of 2016. However, all the Appeals were dismissed by judgment and order dated 24^th September, 2018 passed by the learned Additional Sessions Judge, City Civil Court, Greater Mumbai. The accused is taken in custody on 3^rd January, 2019.

¶26

The learned counsel for the applicant/accused has submitted that this is a bailable offence. The applicant/accused was on bail throughout the trial and Appeal period. The applicant/accused has good case on merits. The learned counsel submitted that the applicant/accused is ready to deposit the amount of compensation.

¶27

Learned counsel for the respondent no. 1/original complainant opposed these Applications on the ground that the respondent/complainant is fighting for the money since 2011.

¶28

2 of 4

¶29

515.APPR5_2018 & aNR..doc

¶30

On instructions, it is found that the the applicant/accused has till now deposited 15% of the fine amount, i.e., Rs. 8,67,000/-, hence the applicant is directed to deposit Rs.22,00,000/- in two installments, i.e., Rs.10,00,000/- on or before 7^th February, 2019 and Rs.12,00,000/- on or before 18^th March, 2019. On this condition, the bail is granted in all these Bail Applications on the following terms and conditions:

¶31

(i) The applicant/accused shall be enlarged on bail on furnishing P.R. Bond in a sum of Rs.10,000/- with one or two sureties in the like amount, each in all these Bail Applications;

¶32

(ii) Depositing of amount of compensation of Rs.22,00,000/- is a condition for granting bail though the said amount can be deposited as per the schedule given above by this Court. If the amount is not deposited as per the given schedule, the complainant may move an application for cancellation of bail to this Court. After depositing the amount, the complainant may withdraw the said amount on an undertaking .

¶33

(iii) The original passport of the applicant/accused is to be submitted to the trial Court immediately at the time of

¶34

3 of 4

¶35

515.APPR5_2018 & aNR..doc

¶36

seeking bail. The passport can be returned only after depositing Rs.22,00,000/-;

¶37

(iv) The applicant/accused shall furnish his residential address as well as his office address.

¶38

(v) The applicant/accused shall not jump the bail;

¶39

(vi) The applicant/accused shall make himself available at the time of hearing of Revision Application.

¶40

Criminal Applications are allowed and are disposed of accordingly.

¶41

Parties to act upon the authenticated copy of this order.

¶42

(MRIDULA BHATKAR, J.)

¶43

4 of 4

Amit Ashok Kanungo v. Jal Exports and Anr.

Case brief

What is this about?

What did the court decide?

Amit Ashok Kanungo v. Jal Exports and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Murgesh Pechi. Muthu Vs the State of Maharashtra

Dattatraya Kaka Alagikar Vs Anuradha Dattatraya Alagikar and Ors.

Anita Trimbak Chavan Vs Punja Ganpat Gavali and Ors.

Amit Ashok Kanungo Vs Jal Exports and Anr.

Amit Ashok Kanungo Vs Jal Exports and Anr.

Amit Ashok Kanungo Vs Jal Exports and Anr.