Weston Decor Private Limited v. Arun N Bidwai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.521 OF 2024 Weston Decor Private Limited

Versus

Arun N Bidwai with INTERIM APPLICATION NO. 4322 OF 2024 IN REVN OF 521 OF 2024 Weston Decor Private Limited

Versus

Arun N Bidwai with CRIMINAL REVISION APPLICATION NO.522 OF 2024 Weston Decor Pvt Ltd

Versus

Arun N Bidwai with INTERIM APPLICATION NO. 4279 OF 2024 IN REVN OF 522 OF 2024 Weston Decor Private Limited

Versus

Arun N Bidwai _________________________________________________________________ Mr. Hitesh B. Sangle, Advocate for Applicant in all matters. Mr. S. R. Agarkar, APP for Respondent-State.

Mr. Hemant Kenjalkar a/w Ms. Pallavi Bule, Ms. Jinal Mehta, Advocate for Respondent.

_________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 9th JUNE, 2026.

P.C. :

1.

Heard learned counsel for the Applicant and learned counsel for the Respondent.

2.

By these Applications, the applicant has challenged the impugned order passed by Learned Appellate Court directing the applicant to deposit 20% of the cheque amount. The issue involved in these two application is same hence I am deciding these applications by this common order.

3.

Learned counsel for the applicant submits that the applicant will deposit 10% of the cheque amount and the applicant has a good case on merit.

4.

Learned counsel for the respondent strongly objected to depositing 10% of the amount and submitted that, the complainant is 78 years old. The matter is pending for couple of years. The Learned Appellate Court has passed a reasoned order therefore, no interference is required and requested to reject the application.

5.

I have heard both learned counsel. The applicant has been convicted in two cases under Section 138 of Negotiable Instrument Act (for short "NI Act") by the Judicial Magistrate First Class. He has filed separate appeals against the impugned judgment and order, and the appeals are

pending before appellate court. The applicant is ready to deposit 10% of the cheque amount instead of 20% of the cheque amount. The applicant is behind bar for more than three months.

6.

Considering these facts, I pass following order

O R D E R

(i) Applications are allowed.

(ii) The Applicant shall deposit 10% of the cheque amount in each matter within two weeks from the receipt of this order before the Appellate Court.

(iii) The learned counsel for the respondent submits that the respondent be permitted to withdraw the said amount. The learned counsel for the applicant has no objection to withdraw the said amount.

(iv) The respondent shall file application before appellate court for withdrawal of the amount.

(v) The Appellate Court shall consider it positively. (vi) All pending applications are disposed of.

(SHIVKUMAR DIGE, J.)