2025:BHC-AS:58178-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 4474 OF 2024 WITH INTERIM APPLICATION NO. 4165 OF 2025 Mr.Hashim Basheer Age: 41 years, Occupation: Business, Residing at 939- Peeramedu, Darul, Najad House, Peermedu, District: Idukki, Kerala- 685531. … Petitioner.

V/s.

1. The State of Maharashtra (Through the office of the Public Prosecutor, Mumbai)

2. Ms.Moorsalin Sayed, Age: Adult, Occupation: Nil.

3. Mr.Faizan Sayed s/o Sayyed Riyaz Darvesh, Age: 26 years, Occupation: Business.

4. Mr.Sayyed Riyaz Darvesh, Aged: 67 years, Occupation: Retired, All residing at: 241/2, Adarsh Nagar, SANJAY New Link Road, Near Zuben Wines, KASHINATH NANOSKAR Jogeshwari (West), Mumbai- 102.

Digitally signed by SANJAY KASHINATH NANOSKAR Date: 2026.01.22 _______________________________

20:35:38 +0530 Mr.Aditya Sharma with Mr.Siddharth Jaiswal i/b. Ms.Priya Maurya for the Petitioner.

Ms.Madhavi H. Mhatre, APP for the Respondent-State.

_______________________________

CORAM : A. S. GADKARI AND RANJITSINHA RAJA BHONSALE , JJ.

RESERVED ON : 24^th NOVEMBER 2025. PRONOUNCED ON : 24^th DECEMBER 2025.

P. C. :-

1) Rule.

Rule made returnable forthwith. Heard finally by consent of parties.

2) By the present Petition, under Articles 226 and 227 of the Constitution of India, the Petitioner seeks a direction that, the sentences imposed upon the Petitioner by the Metropolitan Magistrate (48^th Court), Andheri, Mumbai in C.C.No.4268/SS/2014, C.C.No.4269/SS/2014 and C.C.No.4270/SS/2014 by separate Judgment and Orders all dated 4^th January 2019, run concurrently. The Petitioner further prays that, he has been in custody since 27^th September 2023, in the Sindhudurg Prison, and he may be released on bail.

3) Respondent No. 2 is the Complainant in C.C. No. 4270/SS/2014. Respondent No.3 is the complaint is C.C.No.4269/SS/2014. Respondent No 4 is the complainant in C.C.No.4268/SS/2014. All the complaints were filed, under section 138 of the Negotiable Instruments Act, 1881, before the Metropolitan Magistrate (48^th Court), Andheri, Mumbai including C.C.No.4263/SS/2014. The Metropolitan Magistrate (48^th Court), Andheri, Mumbai, by its judgment and order dated 4^th January 2019, passed in each of the complaints, was pleased to sentence the Petitioner to suffer simple imprisonment of 8 months and to pay within 1 month of the order compensation to Complainant as stated therein, and in default, to undergo simple imprisonment for 2 months.

3.1) In C.C.No.4268/2014, the sentence is of simple imprisonment of 8 months with a direction to pay compensation of Rs.15,00,000/- to the Complainant therein within 1 month of conviction, in default, the Petitioner has to undergo simple imprisonment for 2 months. In C.C.No.4269/SS/2014, the sentence is of simple imprisonment of 8 months with a direction to pay compensation of Rs.14,00,000/- to the Complainant therein within 1 month of conviction, in default, the Petitioner has to undergo simple imprisonment for 2 months. In C.C.No.4270/SS/2014, the sentence is of simple imprisonment of 8 months with a direction to pay compensation of Rs.4,50,000/- to the Complainant therein within 1 month of conviction, in default, Petitioner has to undergo simple imprisonment for 2 months. Mr.Arslan Sayed had filed C.C.No.4263/SS/2014 before the Metorpolitan Magistrate (48^th Court), Andheri, Mumbai, wherein learned Court by its Judgment and Order dated 4^th June 2019 has sentenced the Petitioner to undergo simple imprisonment for 8 months with a direction to pay compensation of Rs.6,50,000/- to the Complainant therein within 1 month of the conviction. In default, the Petitioner has to undergo simple imprisonment for 2 months.

4) Heard Mr.Sharma, learned Advocate for the Petitioner and Ms.Mhatre learned A.P.P. for the Respondent-State. Perused the papers and the entire record.

5) Learned Advocate for the Petitioner submitted that, the said complaints arise out of the same transaction and pertain to dishonour of diffe