1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDCTION CRIMINAL APPLICATION NO. 206 OF 2010 WITH CRIMINAL APPLICATION NOS. 207 TO 295 OF 2010 WITH CRIMINAL WRIT PEITION NO. 2762 OF 2009 Mahendra K. Khatau & Ors. ... Applicant Vs. The State of Maharashtra & Anr. ... Respondents. CRIMINAL W.P. N. 2762 OF 2009 Carona Limited & Anr. ... Applicants Vs. The State of Maharashtra & anr. ... Respondents S/Shri Amit Desai a/w Jahangir Khajotia and Ayaz Bilawala i/b. M/s. Bilawala & Co., advocates for the applicants. Shri Nitin Pradhan a/w Ms. Mahalaxmi Ganapati i/b Ms. S.D.Khot, Advocates, for the Intervener. Smt. A.A.Mane, APP, for the State (In Appln.Nos. 206/10 to 220/10) Ms. S.V.Gajare, APP, for the State (In Appln. Nos. 232/10 to 242/10 & 259/10 to 270/10) Smt. V.R.Bhosale, APP for the State (in Appln.Nos. 270/10 to 293/10 with SP.No. 2762/10) Ms. A.T.Javeri, APP, for the State (In Appln.Nos. 221/10 to 231/10 & 243/10 to 258/10) Smt. Rohini A. Wagh a/w Ms. S.M.D'Souza, Advocate, for the Respondent No.2. Shri Sandeep Karnik a/w Ms. Pallavi Dedhia i/b. M/s. Sanjay Udeshi & Co., Advocates, for the petitioners (In W.P. No.2762/2009). CORAM: J.H.BHATIA,J. DATE : 2nd July, 2010. 2 P.C. 1. Heard the learned Counsel for the parties. 2. 88 Applications are filed by the original accused Nos. 3, 5, 6, and 7 in 88 Criminal Cases and other 88 applications for intervention are filed by the original accused Nos. 1, 2 and 8 in the same criminal cases. The Writ Petition is filed by the Company which is accused No.1. 3. With consent, the Application Nos. 207/10 to 295/10 for intervention are allowed. 4. The learned Counsel for the parties make a statement that the Management of Carona Ltd. had issued cheque of Rs.1,50,000/- to each workers who were the complainants. As those cheques were dishonoured, each of the workers filed separate application under Section 138 of the Negotiable Instruments Act. The trial Court convicted the accused persons and besides the sentence of imprisonment, directed to pay amount of Rs.3,00,000/- towards compensation inclusive of the cheque amount. As per the said order, it was to be joint and several liability of all the accused persons. The accused persons 3 preferred Criminal Appeals in each of the cases, one of them is Criminal Appeal No.636/2009. The accused, who were appellants before the Sessions Court, made application in each case seeking stay to the execution of the sentence. On that application, the Sessions Court granted bail to the accused/applicants on executing P.R.Bond of Rs.2,000/- with a cash security of equal amount. However, there was a further direction to pay 25% of the amount towards part-payment of the amount of compensation as awarded by the trial Court within 8 weeks from the order of the Sessions Court. These applications are filed before this Court contending that the Sessions Court could not have passed such order to pay 25% of the total amount which would be very big amount taking into consideration the amount to be paid in all the 90 cases. 5. It may be noted here that during last two sittings, serious attempts were made to bring home settlement between the parties, particularly because complainants are the workers. On the last date, this Court had also taken a detailed note of what had transpired. Today, certain proposals were given on behalf of the Management and their directors for an amicable settlement. However, it appears that the workers' side is not willing to accept the said proposals which could put an end to the complete litigation. 4 6. In view of the facts and circumstances of the case, in my considered opinion, it will not be necessary to enter into the question of law. After some discussion at the Bar, with consent of the learned Counsel for all the parties, I propose to dispose of all these Applications and the Writ Petition with the following directions :- The execution of the sentence awarded by the trial Court in each of the complaints shall remain stayed pending final hearing of the Appeals subject to the accused/appellants depositing 15% of the total amount as per the directions of the trial Court. The learned Counsel informed that accused Nos. 1, 2 & 8 have deposited amount of Rs.13,15,000/- before the trial Court. They have also deposited further amount of Rs.21,87,750/- in the Sessions Court in the different appeals. The balance amount, if any, shall be deposited before the Sessions Court by accused Nos. 3, 5,6 and 7 within two weeks from today. The amount presently lying with the trial Court shall also be transferred to the Sessions Court and whole of the amount in deposit with the Sessions Court, including the amount to be transferred, shall be kept in fixed deposit with some nationalised bank for appropriate period pending disposal of the Appeals. With the above directions, all the Applications stand disposed of. 5 In view of the above order, the learned Counsel for the petitioners in Writ Petition No.2762 of 2009 seeks to withdraw the petition. The Writ Petition stands disposed of as withdrawn. All other issues and rival contentions are left open. Parties to act on an authenticated copy of this order. (J.H.BHATIA,J.)