RASHMIKANT ZAVERCHAND SHAH vs DHARMESH CHAPSI GHADA AND ANR

Judgment text excerpt

CRIWP950-2025.DOC Santosh IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 950 OF 2025 Rashmikant Zaverchand Shah ...Petitioner Versus 1. Dharmesh Chapsi Ghada 2. The State of Maharashtra …Respondents Mr. Rohaan Cama, a/w Prerak Choudhary, i/b Prerak Choudhary, for the Petitioner. Mr. Jatin Karia (Shah), a/w Snehankita Munj, Dipti Jatin Karia, Shraddha Kamble, for Respondent No.1. SANTOSH Mr. Ashok Gawai, APP for the State-Respondent No.2. SUBHASH KULKARNI CORAM: N. J. JAMADAR, J. Digitally signed by SANTOSH SUBHASH KULKARNI RESERVED ON: 18th SEPTEMBER, 2025 Date: 2025.10.14 19:13:30 +0530 PRONOUNCED ON: 14th OCTOBER, 2025 JUDGMENT:- 1. Rule. Rule made returnable forthwith and, with the consent of the learned Counsel for the parties, heard finally. 2. By this petition under Article 227 of the Constitution of India the petitioner – appellant takes exception to an order dated 3rd December, 2025 in Criminal Misc. Application No.1995 of 2024, passed by the learned Additional Sessions Judge for Greater Mumbai at Mazgaon, whereby while suspending the sentence imposed on the appellant – accused by the learned Magistrate in CC No.1137/SS/2021, the learned Additional Sessions Judge directed the appellant to 1/20 CRIWP950-2025.DOC deposit 20% of the compensation awarded by the learned Magistrate under Section 148(1) of the Negotiable Instruments Act, 1881 (“the NI Act, 1881”). 3. Shorn of superfluities, the background facts can be stated as under: 3.1 The respondent – complainant lodged a complaint under Section 138 of the NI Act, 1881, with the allegation that the complainant had advanced by way of loan a sum of Rs.2,67,75,000/-, on various occasions, during the period 10th April, 2018 to 20th February, 2021. The accused had ac