Ameya Housing Pvt Ltd v. The State Of Maharashtra

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.197 OF 2026 IN CRIMINAL REVISION APPLICATION NO.33 OF 2026

1. Ameya Housing Pvt. Ltd.

2. Mrs.Utkarsha Vijay Mallya ... Applicants Digitally signed by NILAM SANTOSH KAMBLE Date:

2026.01.21 17:21:03 +0530 NILAM SANTOSH KAMBLE

Versus

The State Of Maharashtra & Anr.

... Respondents ________________________________________________________ Mr.Shailesh Kantharia i/b Ms.Harshada V. Morey, Ms.Meenakshi Adate, for the Applicant.

Mr.P.P. Jadhav, APP for Respondent-State.

Mr.Kishor Bhatia, for Respondent No.2.

________________________________________________________ CORAM : SHIVKUMAR DIGE, J.

DATE : 21st JANUARY 2026 P.C. :

.

This is an application for suspension of sentence and for bail. 2.

Heard learned counsel for the Applicant, learned APP and learned counsel for Respondent No.2 3.

The Applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act ('NI Act' for

short). The sentence imposed on the Applicant is 6 months simple imprisonment ('SI' for short) and pay compensation of Rs.2.73 Croes 4.

The learned counsel further submitted that the cheque amount is of Rs.2.50 Crores out of that amount the Applicant has given Rs.1.65 Crores to the Complainant. Today Applicant has given Demand Draft of Rs.1.08 Crores to the Complainant. The Applicant has paid total compensation amount.

5.

The learned counsel further submitted that the Applicant is behind bar from 16th January 2026. During the trial the Applicant was on bail. The Applicant has deposited the fine amount. It may take time to dispose of the Revision Application. Hence, requested to allow the Application.

6.

The learned APP submit that appropriate order be passed. 7.

The learned counsel for Respondent No.2- Complainant submit that Consent Terms were filed between Applicant and Respondent No.2-Complainant and as per Consent Terms the Applicant agreed to pay Rs.4.70 Crores to Respondent No.2Complainant and requested to reject the Application. 8.

I have heard both learned counsel. Perused impugned order.

9.

During trial the Applicant was on bail. He has paid entire compensation to the Complainant. She is 69 years old. It may take time to dispose of the Revision Application and I pass following order.

ORDER

(i) The substantive sentence of imprisonment awarded to the applicant is hereby suspended pending disposal of the Revision Application.

(ii) The Applicant No.2 be released on cash bail of Rs.20,000/- convicted in C.C. No.2450/SS/2017, by Metropolitan Magistrate, 70th Court at Mazagaon, Mumbai, and confirmed by learned Sessions Judge on furnishing PR bond of Rs.20,000/-.

(iii) The bail bonds to be furnished before the learned Metropolitan Magistrate.

(iv) The Application is disposed of.

9.

All pending Applications are disposed of.

10.

Parties to act on authenticated copy of this order. (SHIVKUMAR DIGE, J.)