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2026 DAILYLAW 8083 (BOM)

NASIR HASAN MASTAN v. SAIMULLA IKBAL VASTA

IA/555/2026 · 2026-09-11

Criminal Appealbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

901-555-2026-ia.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 555 OF 2026 IN CR. REVISION APPLN. NO. 83 OF 2026 Nasir Hasan Mastan ....Applicant Vs. Saimulla Ikbal Vasta ....Respondent Mr. Viraj Nalavade a/w Mr. Narendra Athavale, advocate for the Applicant Mr. Anand S. Shalgaonkar APP for the State CORAM : RAJESH S. PATIL, J. DATE : 11 SEPTEMBER 2026 P. C. : 1. The present Interim Application has been filed by the original accused challenging the impugned judgment and order dated 11 August 2026 passed by the Additional Sessions Judge, Ratnagiri, in Criminal Appeal No. 27 of 2024, and the judgment and order dated 30 April 2024 passed by the learned Judicial Magistrate First Class (for short ‘JMFC’) Ratnagiri, in S.C.C. No. 186 of 2018. 2. It is the case of the Applicant that in complaint under Section 138, the cheque involved was of 4,00,000/-. The statutory notice ₹ under Section 138, according to the Complainant's own case, has been returned with the remark "unclaimed". Thereafter, a complaint under Section 138 of the Negotiable Instruments Act was filed 1 of 3 Iresh IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2026.09.11 17:47:54 +0530 901-555-2026-ia.doc before the JMFC, Ratnagiri. 3. The learned JMFC, after hearing both the parties, convicted the Applicant vide order dated 30 April 2024 for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced him to suffer simple imprisonment for three months and to pay a fine of 6,00,000/- (Rs.Six Lakhs only) within a period of ₹ 30 days, and in default, to suffer simple imprisonment for one month. 4. The Applicant challenged the order passed by the JMFC before the Sessions Court by way of Criminal Appeal. By an order passed in the Sessions Court, an amount of 1,20,000/- was deposited with ₹ the Sessions Court. As the learned Sessions Court dismissed the appeal filed by the Applicant, the present Criminal Revision Application has been filed by the Applicant. 5. In the present Criminal Revision Application, by an order dated 10 September 2026, statement of the Advocate appearing for the Applicant was recorded that a further sum of 1,20,000/- will ₹ be deposited with the JMFC, Ratnagiri, by today. Mr. Nalavade, learned counsel appearing for the Applicant, submits that the 2 of 3 901-555-2026-ia.doc additional amount of 1,20,000/- has been deposited with the ₹ JMFC, Ratnagiri. Therefore, in total, 2,40,000/- has been ₹ deposited by the Applicant. 6. He submits that the Applicant comes from a poor background. His wife is uneducated, and his only son has just now started to work in a company. He has no antecedents and is ready to comply with the directions given by this Court, including directions for expediting the hearing of the Criminal Revision Application. 7. In view of the submissions made by the parties, I am of the opinion that Interim Application needs to be allowed. O R D E R I. Interim Application No. 555 of 2026 stands allowed in terms of prayer clause (b) and (c). II. Applicant be released on bail on furnishing P.R. Bond in the sum of Rs.15,000/- with one or two sureties in the like amount. III. All concerned to act on an authenticated copy of this order. 8. Interim Application stands disposed of. [RAJESH S. PATIL, J.] 3 of 3 Iresh