Bombay High Court
Nilesh Dipak NaikversusJaidev K Ayer
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The Court granted cash bail of Rs.20,000 with a personal bond, conditioned on the applicant’s immediate deposit of Rs.10,00,000 and furnishing sureties thereafter.
Summary
The applicant, Nilesh Dipak Naik, was convicted under Section 138 of the Negotiable Instruments Act for issuing eleven cheques totaling Rs.33,00,000 and was ordered to pay Rs.66,00,000 in compensation. He had deposited Rs.13,20,000 before the trial court, which was withdrawn by the respondent, and he offered to deposit an additional Rs.10,00,000 immediately and the balance within four weeks. While in custody for about seven days, the applicant sought suspension of his sentence and bail. The Court noted concurrent findings of conviction and the applicant’s readiness to pay the outstanding amounts, and observed that he had not misused his liberty while on bail during the trial. Accordingly, the Court granted cash bail of Rs.20,000 with a personal bond, allowed the immediate deposit of Rs.10,00,000, and ordered the applicant to furnish sureties of Rs.20,000 within two months after release. The interim applications were disposed of on these terms.
Issues considered
- Whether the applicant is entitled to bail pending payment of the compensation due under Section 138 of the Negotiable Instruments Act
- Whether the Court can condition bail on the immediate deposit of a portion of the outstanding cheque amount
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- bail
- Section 138 NI Act
- cheque bounce
- cash bail
- interim application
- criminal revision
- compensation
Judgment
910-IA-1191-2026 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1191 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 178 OF 2026
along with
INTERIM APPLICATION NO. 1195 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 179 OF 2026
along with
INTERIM APPLICATION NO. 1196 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 180 OF 2026
along with
INTERIM APPLICATION NO. 1197 OF 2026
IN
CRIMINAL REVISION APPLICATION NO.183 OF 2026
along with
INTERIM APPLICATION NO. 1198 OF 2026
IN
CRIMINAL REVISION APPLICATION NO.182 OF 2026
along with
INTERIM APPLICATION NO. 1199 OF 2026
IN
CRIMINAL REVISION APPLICATION NO.181 OF 2026
Nilesh Dipak Naik
VERSUS
Jaidev K Ayer and anr.
_________________________________________________________________
Mr. Girish Kulkarni i/b. Mr. S. B. Rao, Advocate for Applicant.
Mr. M. G. Patil, APP for Respondent No.2-State in Interim Application No.
Digitally
1195 of 2026.
signed by
SHUBHADA
SHUBHADA SHANKAR
Mr. Prashant P. Jadhav, APP for Respondent No.2-State in Interim
SHANKAR KADAM
KADAM Date: Application No. 1196 of 2026.
2026.04.10
12:57:00
+0530
Page 1 of 3
910-IA-1191-2026 (CR).doc
Shubhada S Kadam
Mr. S. R. Agarkar, APP for Respondent No.2-State in Interim Application
No. 1197 of 2026.
Ms. Kranti Hivrale, APP for Respondent No.2-State in Interim Application
No. 1198 of 2026.
Mr. S. S. Pednekar, APP for Respondent No.2-State in Interim Application
Nos. 1191 and 1199 of 2026.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 10th APRIL, 2026.
P.C. :
1. The issues involved in all these applications is the same, hence, I am
deciding these applications by this common order.
2. Learned senior counsel for the applicant submits that there 11
cheques issued by the applicant of Rs.3,00,000/- each. The total cheque
amount comes to Rs.33,00,000/-. Out of Rs.33,00,000/-, the applicant has
deposited Rs.13,20,000/- before the Trial Court as per the order of the
Appellate Court. The said amount has already been withdrawn by
respondent No.1. The applicant is ready to deposit Rs.10,00,000/- during
the course of the day. The applicant is behind bars for around 7 days from
4th April 2026. During the trial, the applicant was on bail and requested to
suspend the sentence and grant bail to the applicant.
3. I have heard learned senior counsel for the applicant and learned
APP for respondent No.2-State.
4. There are concurrent findings against the applicant. The applicant is
convicted for the offence punishable under Section 138 of the Negotiable
Page 2 of 3
910-IA-1191-2026 (CR).doc
Shubhada S Kadam
Instrument Act in each matter and sentenced to suffer simple
imprisonment and pay total compensation of Rs.66,00,000/-. Out of the
cheque amount, the applicant has deposited Rs.13,20,000/- before the
Trial Court. The said amount has been withdrawn by respondent No.1. The
applicant is ready to deposit Rs.10,00,000/- before this Court during the
course of the day and he is ready to deposit the remaining cheque amount
within four weeks from today. During the trial, the applicant was on bail,
he has not misused the liberty. Considering these facts, I pass following
order :
ORDER
1. The applicant be enlarged on cash bail of Rs.20,000/-
with P.R.Bond of the same amount to the satisfaction
of the Trial Court in connection with Complaint bearing
CC.Nos.437/SS/2017, 497/SS/2017, 5/SS/2018, 40/SS/2018,
156/SS/2018 and 193/SS/2018.
2. The applicant shall furnish one or two sureties in the amount of
Rs.20,000/- within two months, after his release on bail.
3. Leave is granted to deposit Rs.10,00,000/- before this Court
during the course of the day.
The interim applications stand disposed of in above terms.
6. All concerned to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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