The High Court, Criminal Appellate Jurisdiction, granted bail to the applicant accused convicted of cheque dishonour under Section 138 of the Negotiable Instruments Act, conditional upon depositing compensation and surrendering passport.
Bail granted on condition of depositing Rs. 22,00,000/- as compensation and furnishing a bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
515.APPR5_2018 & aNR.speaking.doc
Vidya Amin.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION No. 5 OF 2019 IN
CRIMINAL REVISION APPLICATION ST. NO. 6 OF 2019
a/w.
CRIMINAL APPLICATION No. 7 OF 2019 IN
CRIMINAL REVISION APPLICATION ST. NO. 7 OF 2019
a/w.
CRIMINAL APPLICATION No. 9 OF 2019 IN
CRIMINAL REVISION APPLICATION ST. NO. 8 OF 2019
a/w. CRIMINAL APPLICATION No. 11 OF 2019 IN
CRIMINAL REVISION APPLICATION ST. NO. 9 OF 2019
Amit Ashok Kanungo
… Applicant
vs.
Jal Exports & Anr. … Respondents
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.
CORAM: Mrs.MRIDULA BHATKAR, J. DATED: 7th January, 2019.
P.C. :
Upon mentioning, taken on production board.
2. In all these Bail Applications, common order is passed, as
the applicant-accused and respondent no. 1, who is original
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515.APPR5_2018 & aNR.speaking.doc
complainant, are same. The Metropolitan Magistrate has 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 1st 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 24th September, 2018 passed by the learned Additional Sessions Judge, City Civil Court, Greater Mumbai. The accused is taken in custody on 3rd January, 2019.
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515.APPR5_2018 & aNR.speaking.doc
(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 .
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515.APPR5_2018 & aNR.speaking.doc
submitted to the trial Court immediately at the time of seeking bail. The passport can be returned only after depositing Rs.22,00,000/-;
(MRIDULA BHATKAR, J.)
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2 issues framed by the court
Whether bail should be granted to the applicant accused convicted under section 138 of the Negotiable Instruments Act.
What financial conditions and undertakings should be imposed for granting bail.
1 provisions across 1 enactments
AMIT ASHOK KANUNGO
JAL EXPORTS
MRIDULA BHATKAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
