Mumbai, March 29, 2022 – A Sessions Court in Mumbai has granted bail to Mihir Kauntey Tanna, a 41-year-old businessman, who was previously convicted by a Metropolitan Magistrate for an offense under Section 138 read with 141 of the Negotiable Instruments Act (NIA), commonly known as a cheque bounce case.

The bail application (No. 625 of 2022) was heard by Her Honour Judge Smt. Chitra Hankare, who presided over the case in Court Room No. 10. Tanna, as the appellant (original accused), sought bail in connection with Criminal Appeal No. 134 of 2022, which challenges his conviction in C.C. No. 0604168/SS/2019. The conviction order was passed by the 6th Metropolitan Magistrate, Mazgaon Court, on February 24, 2022.

Mr. Rajendra Rathod, the learned advocate representing Tanna, argued that the trial court’s conviction was “erred in law and perverse,” asserting that the Magistrate had not properly appreciated the evidence on record. He further contended that there were “vital omissions and contradictions in the statement of witnesses,” indicating a strong case for the appeal. Based on these grounds, he requested Tanna’s release on bail.

The respondent, represented by Jigar Dhimant Gala (the original complainant) and the State of Maharashtra (through APP Mr. Ajit Chavan), had their arguments heard by the court.

After reviewing the impugned order and hearing both sides, Judge Hankare observed that the offense is punishable under Section 138 read with 141 of the Negotiable Instruments Act. She noted that the appeal against the conviction would “take its own time to ripe for final hearing.” Concluding that “nothing will gain by keeping the appellant behind bar,” the court decided to grant bail.

Order Details:

The court allowed Bail Application No. 625 of 2022. Mihir Kauntey Tanna is to be released on bail upon furnishing a Personal Recognizance (P.R.) Bond of Rs. 15,000/- (Rupees Fifteen Thousand Only) with a surety in the like amount. The bail is to be furnished before the trial court.

The order was dictated on March 29, 2022, typed on April 13, 2022, and subsequently signed. The certified copy of the order was uploaded on April 18, 2022. This decision provides relief to Tanna while his appeal against the conviction proceeds through the judicial process.