Bombay High Court

JAI MATADI ESTATE BROKER AND DEVELOPERS AND ANOTHERversusRAKESH ASHOK SHIMPI AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court allowed the criminal application, suspending the substantive sentence and granting bail to the applicants pending the final disposal of the revision.

Summary

The applicants, Jai Matadi Estate Broker and Developers and another, were convicted under Section 138 of the Negotiable Instruments Act, 1881 and sentenced to three months' simple imprisonment, a compensation of Rs.6,24,625 and prosecution costs. The conviction and sentence were affirmed by the Additional Sessions Judge in Criminal Appeal No.69/2023. The applicants filed a criminal revision application seeking suspension of the substantive sentence and bail pending the final disposal of the revision. The learned Judge considered the record, noting that the applicants had been on bail during the pendency of the trial and had not misused their liberty, and found merit in the revision grounds. The application was allowed, the sentence was suspended until the final hearing of the revision, and bail was granted on a personal bond of Rs.25,000 with surety. The matter was ordered to proceed with notice to the respondents, which was waived by the State.

Issues considered

Whether the substantive sentence awarded in the summary criminal case should be suspended pending the final hearing of the criminal revision application
Whether bail should be granted to the convicted applicants during the pendency of the revision

Legislation cited

Negotiable Instruments Act, 1881 — s. 138

Subjects

criminal revision
suspension of sentence
bail
Section 138
Negotiable Instruments Act
summary criminal case
compensation

Judgment

                                                             3743.26appln
                                   (1)

     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

        3 CRIMINAL APPLICATION NO. 3743 OF 2026
                      IN / WITH
     CRIMINAL REVISION APPLICATION NO. 300 OF 2026

     JAI MATADI ESTATE BROKER AND DEVELOPERS AND
                        ANOTHER
                         VERSUS
           RAKESH ASHOK SHIMPI AND ANOTHER
                                  …..
Mr N. V. Dhake, Advocate for Applicants
Mr V. M. Lomte, APP for Respondent No.2/State
                               …..

                           CORAM : SUSHIL M. GHODESWAR, J.

                              DATE : 08th SEPTEMBER, 2026

P. C. :


1.           Heard Mr Dhake, learned Advocate for the applicants and

the learned APP Mr Lomte appearing for the Respondent No.2/State.


2.           This is an application for suspension of substantive

sentence awarded vide order dated 11/05/2023 by the learned Judicial

Magistrate First Class (Court No.2), Jalgaon in Summary Criminal

Case No.489/2018 and confirmed vide the order dated 24/08/2026 by

the learned Additional Sessions Judge, Jalgaon, in Criminal Appeal

No.69/2023, and also for releasing the applicant on bail till pending

hearing and final disposal of this criminal revision application.
                                                               3743.26appln
                                   (2)

3.             The applicant was convicted for offence punishable under

Section 138 of the Negotiable Instruments Act, 1881 and sentenced to

undergo simple imprisonment for three months and to pay

compensation of Rs.6,24,625/- to the complainant, in default of

payment of compensation, to suffer simple imprisonment for one

month. Applicant was also directed to pay Rs.10,000/- as costs of

prosecution.


4.             Learned Advocate for the Applicant states that during the

pendency of aforesaid proceeding, the applicant was on bail and has

not misused the liberty granted by the learned Trial Court. He further

submits that there are valid and arguable points raised in the criminal

revision application and the applicant has every hope of succeeding in

the revision application.      Therefore, he prays for suspension of

substantive sentence and grant of bail.


5.             Learned APP strongly opposes the application.


6.             Perused the record. After hearing the learned Advocates

for the respective parties, I have considered the facts and

circumstances of the case. In my opinion, the application is required

to be granted. Hence, I pass the following order:-
                                                             3743.26appln
                                     (3)

                                  ORDER


(I)     Criminal Application is allowed.

(II)    The substantive sentence awarded to the Applicant vide order

dated 11/05/2023 by the learned Judicial Magistrate First Class (Court

No.2), Jalgaon in Summary Criminal Case No.489/2018 and

confirmed vide the order dated 24/08/2026 by the learned Additional

Sessions Judge, Jalgaon, in Criminal Appeal No.69/2023 hereby stands

suspended, till final hearing and disposal of criminal revision

application.


(III) The Applicant be released on bail on furnishing P.R. Bond of

Rs.25,000/- with one surety in the like amount to the satisfaction of the

learned Trial court.

(IV)           Bail before the Trial Court.


       CRIMINAL REVISION APPLICATION NO. 300 OF 2026


7.             Heard learned Advocate Mr Dhake for the applicants and

learned APP for respondent No.2/State.


8.             Learned Advocate for applicant submits that, he is ready

and willing to argue the revision application on merits at the stage of

admission.
                                                            3743.26appln
                                   (4)


9.            Issue notice to the respondents, returnable on 06/10/2026.

Learned APP waives service of notice on behalf of respondent

No.2/State.


10.           Since certain legal grounds are raised in the instant

revision application, record and proceedings from the concerned Trial

Court be called.



                                     [SUSHIL M. GHODESWAR, J.]
sjk

Continue reading with your account

Checking your session…