Mehul Kantilal Ramparia v. Kapil Dharamkumar Kapadia

107-IA-301-2026 (CR).doc Rohit Ghuge IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 301 OF 2026 IN CRIMINAL REVISION APPLICATION NO.42 OF 2026 Mehul Kantilal Ramparia versus Kapil Dharamkumar Kapadia and Anr.

_________________________________________________________________ Mr. Jugal Kanani, Advocate for Applicant.

Mr. Rohit Lalwani a/w Ms. Priyanka Pardeshi, Advocate for Respondent No. 1.

Ms. K. T. Hiwrale, APP for Respondent No. 2-State. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 9th MARCH, 2026.

P.C. :

.

Heard learned counsel for the applicants, learned counsel for the Respondent No. 1 and learned APP for Respondent No. 2/State. 2.

Learned counsel for the applicant submits that, the applicant has deposited an amount of Rs.18,00,000/- before this Court. 3.

By this application, the applicant is seeking suspension of sentence imposed on him under Section 138 of Negotiable Instrument Act, 1881, (for short "NI Act"). The applicant has been sentenced to suffer one year simple imprisonment and fine of Rs.32,00,000/- plus 9% interest, and in default, to suffer three months simple imprisonment (SI).

107-IA-301-2026 (CR).doc Rohit Ghuge 4.

It is contention of learned counsel for the applicant submits that the applicant was on bail, the applicant has deposited Rs.18,00,000/-, it may take time to conclude the Trial and dispose of the revision application. 5.

Learned counsel for the respondent submits that, the trial court has directed to deposit the amount along with 9% interest and submits that the matter is kept for final hearing and requested to reject the application. 6.

I have heard both the learned counsel. The sentence imposed of on the applicant is short term sentence. During trial, the applicant was on bail, he has deposited Rs.18,00,000/- before this Court. It may take time to dispose of revision application. Hence, I pass following order.

O R D E R

(i) The sentence, imposed on applicant is suspended and he be enlarged on bail on furnishing PR bond in the sum of Rs.25,000/- with one or two sureties in the like amount. (ii) The bail bonds to be furnished before Trial Court. (iii) The respondent shall file application for withdrawal of deposit amount.

Interim Application is disposed of.

7.

List the Revision Application on 01st April, 2026. (SHIVKUMAR DIGE, J.)