Gunvanti Viren Shah v. State Of Maharashtra

JOHNSON GONSALVES Date: 2025.01.07 00:09:34 +0530 SMITA JOHNSON GONSALVES

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION Criminal Revision Application No.1 of 2025 With Interim Application No.18 of 2025 In Criminal Revision Application No.1 of 2025 With Interim Application No.19 of 2025 In Criminal Revision Application No.1 of 2025

1) Gunvanti Viren Shah Age: 73 years, Indian Inhabitant,

2) Viren Shah (Since Deceased)

3) M/s. Shree Anand Industries All having address at 203, 2nd Floor, Ghar Mandir Building Lalubhai Park, Near Misrani Hospital, Andheri (W), Mumbai ... Appellant/ Org. Accused versus

1) Deepa Atul Shah Age: 47, Occ: Housewife, Residing at 102, Yogi Palalce, Daulat Nagar, Road No.8, Borivali (East), Mumbai - 400 066 ... Respondent No.1/ Org. Complainant

2) The State of Maharashtra (through Public Prosecutor) ... Respondent No.2 ---- Ms Rajak Shashikala, for the applicant.

Mr Pankaj Deokar, APP, for the respondent/ State. Ms Sheweta Agrawal, for respondent No.3.

---- Coram: R.N. Laddha, J.

Date: 6 January 2025.

P.C.:

.

Heard the learned Counsel for the parties.

2.

These applications are filed for suspension of sentence and grant of bail, pending hearing and final disposal of the accused in revision application.

3.

The applicant, vide judgment and order dated 5 April 2022, passed by the Metropolitan Magistrate, 43rd Court, Borivali, Mumbai, in CC No.4305412/SS/2018, has been convicted and sentenced to suffer simple imprisonment for six months and pay double the amount of cheque in question to the complainant/respondent No.1 and, in default, to suffer simple imprisonment for three months. In a Criminal Appeal bearing No.127 of 2022, the learned Additional Sessions Judge confirmed the convictions under Section 138 of the Negotiable

Instruments Act, and sentence awarded by the trial court. The learned Counsel for the applicant submits that the applicant has already deposited 20% of the compensation amount to the complainant/respondent No.1.

4.

Considering the nature of accusations, pending the hearing and final disposal of the criminal revision application, the applicant's sentence is suspended, and is enlarged on bail on executing a personal bond of Rs.25,000/- with one or more sureties in the like amount within a period of two weeks from today.

5.

The interim applications stand disposed of.

6.

List the revision application on 13 February 2025. (R.N. Laddha, J.)