Bombay High Court

VIKAS VISHWANATH DOLASversusGAIKWAD KRUSHI SEVA KENDRA, THROUGH ITS PROPRIETOR, SUDHAKAR PUNJARAM GAIKWAD AND ANOTHER

Disposal: APPLICATION ALLOWED

Holding

The court held that the substantive sentence is suspended during the pendency of the criminal revision application.

Summary

The applicant, Vikas Vishwanath Dolas, was convicted under Section 138 of the Negotiable Instruments Act and sentenced to three months' simple imprisonment and a fine of Rs.2,45,000. He filed a criminal revision application seeking suspension of the sentence, offering to deposit an additional Rs.50,000. The court noted the quantum of the sentence and the anticipated delay in hearing the revision, and consequently ordered the suspension of the substantive sentence pending the revision. The applicant was released on a personal bond of Rs.25,000 with a surety and granted bail before the trial court. The order stipulated that failure to deposit the promised amount would lead to its recall.

Issues considered

Whether the sentence imposed under Section 138 of the Negotiable Instruments Act can be suspended pending the pendency of a criminal revision application.
Whether the applicant's proposed deposit and personal bond are sufficient conditions for suspension of the sentence.

Legislation cited

Negotiable Instruments Act — s. 138

Subjects

suspension of sentence
Section 138
Negotiable Instruments Act
criminal revision
personal bond
bail

Judgment

                              *1*                     2appln3926o26


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

         CRIMINAL APPLICATION NO. 3926 OF 2026
                   IN REVN/329/2026
                        WITH
     CRIMINAL REVISION APPLICATION NO. 329 OF 2026

           VIKAS VISHWANATH DOLAS
                    VERSUS
   GAIKWAD KRUSHI SEVA KENDRA, THROUGH ITS
 PROPRIETOR, SUDHAKAR PUNJARAM GAIKWAD AND
                   ANOTHER
                              …
Shri Gaikwad Kishor G., Advocate for the Applicant.
Shri A.A.A. Khan, APP for the Respondents/ State.
                              ...

                   CORAM : SUSHIL M. GHODESWAR, J.

                   DATE : 28 September 2026

P. C. :-

1.          Heard.


2.          Issue Notice to the respondents returnable on

19.10.2026. Learned APP waives service of notice on behalf of

the respondent/State.


3.          Criminal Application No.3926/2026 is filed for

suspension of sentence imposed by the learned JMFC vide the

impugned judgment and order dated 24.03.2026 in SCC

No.421/2023, which is later on confirmed by the learned
                                 *2*                       2appln3926o26


Additional Sessions Judge, Aurangabad, in Criminal Appeal

No.88/2026 vide judgment and order dated 11.09.2026. By the

impugned judgment, the applicant has been convicted for the

offence punishable under Section 138 of the Negotiable

Instruments Act and he is sentenced to suffer simple

imprisonment for three months and pay fine of Rs.2,45,000/- and

in default, to undergo simple imprisonment for 30 days.


4.            The learned advocate for the applicant states that the

applicant has deposited an amount of Rs.50,000/- before the

Appellate Court at the time of suspension of sentence. Upon

instructions, the learned advocate states that the applicant is

willing to deposit Rs.50,000/- more in this Court, on or before

12.10.2026.


5.            In view of the above and considering the quantum of

sentence and the fact that the revision application having been

filed in 2026 would take some time to be heard and decided, the

sentence needs to be suspended. Hence, I proceed to pass the

following order :-


                              ORDER
                                      *3*                     2appln3926o26


      (i)         The substantive sentence imposed on the applicant

      vide the impugned judgment and order, stands suspended during

      the pendency of the instant Criminal Revision Application.


      (ii)        The applicant be released on P.R. Bond of

      Rs.25,000/- (Rupees Twenty Five thousand only) with one

      solvent surety in the like amount.


      (iii)       Bail before the Trial Court.


      (iv)        In case, the applicant fails to deposit the amount as

      undertaken above, this order would be recalled on the next date.




kps                            ( SUSHIL M. GHODESWAR, J. )

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