Mumbai, April 20, 2022 – In a significant development, the Additional Sessions Judge, Smt. A.D. Deo, at the Greater Bombay Sessions Court, has granted bail to Ramesh Lachhmandas Lalwani and Manish Ramesh Lalawani, partners/directors of M/s. Vivaan Creation LLP, who were convicted by the Metropolitan Magistrate, 56th Court, Mazgaon, Mumbai, in a cheque dishonor case under Section 138 of the Negotiable Instruments Act. The court has also suspended the sentence imposed on the appellants pending the outcome of their appeal.

The original complaint (C.C. No. 5602184/SS/2020) was filed by Shailesh J. Shah, proprietor of M/s. S. J. Textile, against the appellants and their firm, M/s. Vivaan Creation LLP. The Metropolitan Magistrate had, vide a judgment and order dated March 2, 2022, convicted the accused and sentenced them to simple imprisonment till the rising of the court, along with a fine of Rs. 18,04,266/-, with a default imprisonment of two months.

Aggrieved by this conviction, the appellants filed Criminal Appeal No. 185 of 2022 before the Sessions Court. Simultaneously, they moved Miscellaneous Application No. 626 of 2022 seeking suspension of the conviction order and Bail Application No. 798 of 2022 praying for bail during the pendency of the appeal.

Mr. Shyamdhar, the learned advocate representing the appellants/original accused, argued for the suspension of the sentence and the grant of bail.

After perusing the records and hearing the arguments, Additional Sessions Judge Smt. A.D. Deo passed a common order allowing both the applications. The court noted that the accused had hopes of success in the appeal and had remained on bail throughout the trial. Considering these factors, the court deemed it in the interest of justice to grant the reliefs sought.

Order Details:

1. Suspension of Sentence: Miscellaneous Application No. 626 of 2022 in Criminal Appeal No. 185 of 2022 was allowed. The impugned judgment and order dated March 2, 2022, passed by the Metropolitan Magistrate, 56th Court, Mazgaon, Mumbai, has been suspended until the final decision of the appeal. This suspension is subject to the appellants depositing Rs. 3,60,855/- in two equal installments, with the full amount to be deposited on or before June 6, 2022.
2. Grant of Bail: Bail Application No. 798 of 2022 in Criminal Appeal No. 185 of 2022 was also allowed, subject to the following conditions imposed on the appellants, Ramesh Lachhmandas Lalwani and Manish Ramesh Lalawani:
   • They shall be released on executing a Personal Bond (PB) and a Surety Bond (SB) of Rs. 50,000/- (Rupees Fifty Thousand Only) each, with one or more sureties of the like amount, where at least one surety must be a local resident of Mumbai.
   • The appellants/accused are required to furnish their mobile and landline numbers, along with the mobile and landline numbers of two close relatives/friends and their family members.
   • They must also produce proof of their identity and residence at the time of executing the bail bonds.
   • The appellants/accused are mandated to attend each and every date of the appeal hearing.
   • They are prohibited from leaving India without obtaining prior permission from the Court.
   • The appellants/accused are strictly instructed not to commit any offence while on bail.

The court directed the learned counsel for the appellants to inform his clients about these conditions and ensure their compliance. It was explicitly stated that any breach or default of these conditions would be viewed seriously and could lead to the cancellation of the bail granted.

The order also instructed that the Trial Court be informed about this decision. Miscellaneous Application No. 626 of 2022 in Bail Application No. 798 of 2022 was accordingly disposed of, and a copy of the order is to be maintained in the appeal records.

This order provides temporary relief to the convicted partners of the textile firm, allowing them to remain out of custody while they pursue their appeal against the conviction in the cheque dishonor case. The imposition of a substantial deposit and stringent bail conditions reflects the court’s balancing act between the appellants’ right to appeal and the need to ensure their presence and adherence to the law.