Bombay High Court
NASIR HASAN MASTANversusSAIMULLA IKBAL VASTA
- Disposal
- Allowed
Holding
The High Court allowed the interim application and granted bail to the applicant upon furnishing a personal bond of Rs.15,000 with sureties.
Summary
Nasir Hasan Mastan was convicted by the Judicial Magistrate First Class, Ratnagiri, under Section 138 of the Negotiable Instruments Act for issuing a cheque of Rs.4,00,000 that was returned as 'unclaimed', and was sentenced to three months' imprisonment and a fine of Rs.6,00,000. He appealed the conviction in the Sessions Court, which dismissed the appeal after he deposited Rs.1,20,000 with the court. The applicant then filed a criminal revision seeking relief and filed an interim application for bail, stating that an additional Rs.1,20,000 had been deposited with the magistrate, bringing the total deposit to Rs.2,40,000. He pleaded poverty, lack of antecedents, and willingness to comply with court directions. The High Court, after considering the submissions, allowed the interim application and ordered his release on bail upon furnishing a personal bond of Rs.15,000 with one or two sureties. The interim application was thereafter disposed.
Issues considered
- What is the appropriate relief, if any, that the High Court can grant in an interim application for bail pending a criminal revision where the appellant has partially paid the fine imposed under Section 138 of the Negotiable Instruments Act?
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- bail
- interim application
- criminal revision
- fine payment
- poverty
Judgment
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
IRESH 30 April 2024 passed by the learned Judicial Magistrate First Class
MASHAL
Digitally
signed by
IRESH
(for short ‘JMFC’) Ratnagiri, in S.C.C. No. 186 of 2018.
MASHAL
Date:
2026.09.11
17:47:54
+0530
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
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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
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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.
ORDER
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.]
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