Bombay High Court
SNEHA ASHISH SHAHversusTHE STATE OF MAHARASHTRA AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The Court allowed the interim application and granted bail on cash bail of Rs.15,000 with a personal bond, subject to further payment of Rs.6.64 lakh.
Summary
The applicant, Sneha Ashish Shah, was convicted under Section 138 of the Negotiable Instruments Act, 1881 for issuing a cheque of Rs.25 lakh and a compensation of Rs.84,000 was awarded to the respondent. A non‑bailable warrant was issued and the applicant was taken into custody, although the sentence had already been suspended. The applicant claimed to have paid Rs.19 lakh to the respondent and deposited an additional Rs.6 lakh before the court, while the respondent contended that only Rs.13.20 lakh had been received and warned that the applicant might abscond if released. The learned counsel for the applicant sought release on bail, whereas the respondent opposed it on the ground of incomplete payment and flight risk. The Court observed that the applicant had made a partial payment, the sentence was suspended, and directed the applicant to deposit Rs.6.64 lakh before the next date. Consequently, the interim application was allowed, the applicant was released on cash bail of Rs.15,000 with a personal bond of the same amount, and the application was disposed.
Issues considered
- Whether the applicant, convicted under Section 138 of the Negotiable Instruments Act, should be released on bail despite partial payment of the liability.
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- bail
- Section 138 NI Act
- cheque bounce
- criminal revision
- cash bail
- suspended sentence
Judgment
905-IA-3168-2026 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3168 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 205 OF 2022
Sneha Ashish Shah … Applicant
VERSUS
The State Of Maharashtra And Anr. … Respondents
_________________________________________________________________
Digitally signed
SONALI SATISH
by SONALI
KILAJE
Mr. Shailesh Kantharia, Advocate for Applicant.
SATISH Date:
2026.09.08
KILAJE 18:33:19
+0530 Mr. Balraj B. Kulkarni, APP for the Respondent-State.
Mr. Shahwat Nehete i/b. Ms. Mallika Ingale, Advocate for the Respondent
No.2.
________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th SEPTEMBER, 2026.
P.C. :
1. Not on Board. Taken on Board.
2. Heard learned counsel for the applicant, learned APP and
learned counsel for respondent No.2.
3. It is contention of learned counsel for the applicant that the
applicant has been convicted under Section 138 of Negotiable of
Instruments Act, 1881 and Non Bailable Warrant was issued against her
and she has been taken into custody. Learned counsel further submitted
the cheque amount was of Rs.25 lakh and compensation was of
Rs.84,000/-. Out of the said amount, the applicant has paid Rs.19 lakh to
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905-IA-3168-2026 (CR).doc
S.S.Kilaje
the respondent and today the applicant has deposited Rs.6 lakh before this
Court. During the trial the applicant was on bail. The sentence of the
applicant has already been suspended and requested to release the
applicant on bail.
4. Learned counsel for the respondent strongly objected for
releasing the applicant on bail. Leaned counsel submits that the applicant
has not paid Rs.19 lakh as argued by the learned counsel for the applicant
and respondent has received Rs.13,20,000/-. The applicant is avoiding to
argue the matter before this Court. If applicant released on bail, he may
abscond and requested to reject the application.
5. I have heard both the learned counsel. The applicant has paid
some amount to the respondent and today he has deposited Rs. 6 lakh
before this Court, respondent is disputing about depositing amount. The
applicant shall deposit Rs.6,64,000/- before this Court before the next
date. As the sentence of the applicant is already suspended, I pass
following order:
ORDER
i. The Interim Application is allowed.
ii. The applicant be released on cash bail of Rs.15,000/- and
on furnishing P. R. Bond of the same amount.
iii. The bail bond to be furnished before the Trial Court.
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905-IA-3168-2026 (CR).doc
S.S.Kilaje
6. Interim application stands disposed of.
7. All parties to act on the authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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