DNYANESHWAR DINKAR BADVEversusTHE STATE OF MAHARASHTRA AND ANOTHER

2026:BHC-AUG:7047


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                                                   -1-

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                            923 CRIMINAL APPLICATION NO. 3332 OF 2025
                    IN CRIMINAL REVISION APPLICATION (STAMP) NO. 9157 OF 2025
                                              WITH
                              CRIMINAL APPLICATION NO. 3333 OF 2025
                    IN CRIMINAL REVISION APPLICATION (STAMP) NO. 9157 OF 2025
                                              WITH
                     CRIMINAL REVISION APPLICATION (STAMP) NO. 9157 OF 2025

                                  DNYANESHWAR DINKAR BADVE
                                               VERSUS
                          THE STATE OF MAHARASHTRA AND ANOTHER
                                                  ...
                Advocate for Applicant : Mr. Ajinkya S. Mirajgaonkar
                APP for Respondent No.1-State : Mr. S. M. Ganachari
                Advocate for Respondent No.2 : Mr. P. D. Dadpe
                                                  ...

                                          CORAM :        ABHAY S. WAGHWASE, J.
                                          DATED :        17.02.2026

                ORDER :


                1.      The revision petitioner, a convict for offence under Section 138

                of the Negotiable Instruments Act [N.I. Act] vide judgment and order

                dated 10.09.2024 passed by learned Additional Sessions Judge,

                Osmanabad (Dharashiv), whereby he has been directed to suffer

                rigorous imprisonment for one year and to pay fine of Rs.10,000/-

                and also to pay the compensation of cheque amount i.e. 3,50,000/-

                with interest @ 6% per annum from the date of complaint till actual

                payment to the complainant, has preferred the instant revision along
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with an application seeking condonation of delay caused in filing the

revision as well as an application praying for suspension of the

sentence and grant of bail.



2.    By order dated 22.09.2025, this Court had directed the

applicant to deposit entire amount of compensation along with

interest within four weeks. Office remark shows that, in compliance of

the said order, an amount of Rs.2,00,000/- (out of Rs.3,50,000/- with

interest @ 6% per annum) has been deposited by the applicant on

28.11.2025. Office remark further shows that the applicant has also

deposited the fine amount of Rs.10,000/- before the District Court,

Osmanabad.



3.    In view of the above, and for the reasons mentioned in Criminal

Application No. 3332 of 2025, though learned APP as well as learned

counsel for respondent no.2-complainant oppose, the delay of 184

days caused in filing the revision stands condoned. Registry to register

the Criminal Revision Application. Criminal Application No. 3332 of

2025 is accordingly disposed off.



4.    Criminal Application No. 3333 of 2025 is filed by the

applicant/revision petitioner seeking suspension of above sentence
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and for grant of bail. Learned counsel for the applicant pointed out

that, present applicant was tried vide SCC No. 1103/2013 for

commission of offence under Section 138 of the N.I. Act and the

learned JMFC, Osmanabad vide the judgment and order dated

17.10.2018, had acquitted the applicant from the said charge. That, in

appeal preferred by the complainant before the Court of Additional

Sessions Judge, above conviction came to be recorded, against which

applicant has preferred revision before this Court. That, there are no

prospects of hearing the revision in near future. He pointed out that,

during the proceedings before both the courts below, applicant was

on bail and he has paid the fine amount. Consequently, during

pendency of revision, he urged to suspend the sentence and grant

bail.



5.      Learned APP as well as learned counsel for respondent no.2-

complainant opposed on the ground that, on complete re-

appreciation, the first appellate court has recorded conviction, and

therefore they pray to refuse the relief.



6.      Heard. Perused the record as well as the impugned order.

Statement is made across the bar that applicant was on bail during

proceedings before both the courts below, i.e. learned trial court as
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well as learned first appellate court. There is no adverse remark of

misuse of liberty. Fine amount is said to be paid, and as there are no

immediate chances of hearing the revision, application deserves to be

allowed. Hence the following order :

                                 ORDER


I.    Criminal Application No. 3333 of 2025 is allowed.


II.   The sentence imposed on the applicant by learned Additional
      Sessions Judge, Osmanabad (Darashiv) on 10.09.2024 in
      Criminal Appeal No. 29/2019, stands suspended till final hearing
      and disposal of the Criminal Revision Application.


III. The applicant be released on P.R. Bond of Rs.15,000/- (Rupees
      Fifteen Thousand only) with one solvent surety in the like
      amount.


IV. Bail before the first appellate court.


V.    Criminal Application No. 3333 of 2025 is accordingly disposed
      off.


VI. The Criminal Revision Application to be listed as per its turn.



                                             [ABHAY S. WAGHWASE, J.]

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