Bombay High Court

SHIVAM STONE CRUSHER THRO PROPRIETOR RAJABHAU SHANTALING WADKARversusVIKAS VASUDEO YADAV

Disposal: DISPOSED OFF
Bench: ABHAY S WAGHWASE

Holding

The court held that the sentence is suspended until the final hearing of the revision and bail is granted on a personal bond.

Summary

Shivam Stone Crusher, through its proprietor Rajabhau Wadkar, was convicted under Section 138 of the Negotiable Instruments Act for dishonouring cheques issued to repay an alleged hand‑loan of Rs 7,00,000. The defence argued that no hand‑loan existed and the cheques were merely security, rendering the debt unenforceable. The conviction by the Junior Magistrate on 10‑06‑2024 was affirmed by the Additional Sessions Judge on 26‑02‑2026. The applicant filed a criminal revision (No. 74/2026) seeking suspension of the sentence and bail, contending that the appeal had not properly considered his case and that the revision would take considerable time. The court noted that the applicant had previously been on bail and had partially paid the fine, and consequently allowed the application, suspending the sentence pending the final disposal of the revision and granting bail on a personal bond of Rs 15,000 with a surety.

Issues considered

Whether the sentence imposed under Section 138 NI Act can be suspended pending the final hearing of a criminal revision.
Whether bail may be granted to a convicted person whose conviction has been affirmed by a higher court.

Legislation cited

Negotiable Instruments Act, 1881 — s. 138

Subjects

Section 138
Negotiable Instruments Act
bail
suspension of sentence
criminal revision
dishonour of cheque
hand loan dispute

Judgment

2026:BHC-AUG:9050


                                                                     P2-CriAppn-873-2026
                                                 -1-

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BENCH AT AURANGABAD

                            CRIMINAL APPLICATION NO. 873 OF 2026
                      IN CRIMINAL REVISION APPLICATION NO. 74 OF 2026

                Shivam Stone Crusher,
                Through its Proprietor
                Rajabhau s/o Shantaling Wadkar,
                Age 66 years, Occ. Business,
                R/o Ieet, Tq. Bhoom,
                Dist. Dharashiv.                                    ... Applicant

                      Versus

                Vikas s/o Vasudeo Yadav
                Age 59 years, Occu. Agri & Business,
                R/o Kusum Nagar, Bhoom,
                Tq. Bhoom, District Dharashiv.                   ... Respondent
                                                 .....
                          Mr. Nagesh G. Talekar, Advocate for the Applicant.
                                                 ....

                                        CORAM :        ABHAY S. WAGHWASE, J.
                                        DATED :        04.03.2026

                ORDER :


                1.    Not on board. Upon mentioning, taken on board.



                2.    This is an application for suspension of sentence and grant of

                bail on account of conviction recorded on 10.06.2024 by learned

                J.M.F.C., Bhoom in S.C.C. No. 287 of 2020 and affirmed by learned

                Additional Sessions Judge, Bhoom in Criminal Appeal No. 2 of 2024

                by judgment and order dated 26.02.2026.
                                                      P2-CriAppn-873-2026
                                  -2-

3.    Learned counsel pointed out that, applicant was tried vide

above S.C.C. for commission of offence under Section 138 of the

Negotiable Instrument Act, 1881. That, case of complainant was that,

there was extension of hand-loan to the tune of Rs.7,00,000/- and the

cheques issued towards repayment of the same were dishonoured.

That, it was specific defence that, there was no hand-loan transaction.

Cheques given by way of security are misused and that, there was no

legally enforceable debt.


4.    He further submitted that, case of accused was not correctly

appreciated by learned J.M.F.C. who recorded conviction, and

therefore judgment of learned J.M.F.C. was questioned by filing

Criminal Appeal No. 2 of 2024, but by order dated 26.02.2026,

without properly considered the case put up in appeal, order of trial

court has been directly maintained and affirmed, against which

revision has been preferred, but it being filed recently, would take

long time to be heard and therefore, during pendency of revision, he

prays for suspension of sentence and grant of bail.


5.    Today matter is taken on board. Notice is yet to be issued.

Statement is made across the bar that during proceedings before the

court of learned J.M.F.C. as well as learned Additional Sessions

Judge, applicant was on bail. Further statement is made across the
                                                    P2-CriAppn-873-2026
                                      -3-

bar that Rs.1,00,000/- out of Rs.1,50,000/- fine amount is paid and

only Rs.50,000/- is remaining.


6.     Considering the nature of proceedings, quantum of sentence

and the revision being recent one, would definitely take sufficient

time to be heard, relief as prayed deserves to be granted. Hence,

following order :

                                  ORDER

I.     Criminal Application No. 873 of 2026 is allowed.


II.    The sentence imposed on the applicant by learned J.M.F.C.,
Court No.1, Bhoom on 10.06.2024 in S.C.C. No. 287/2020 and
confirmed by learned Additional Sessions Judge, Bhoom, District
Osmanabad by judgment and order dated 26.02.2026 passed in
Criminal Appeal No. 02/2024, stands suspended till final hearing and
disposal of Criminal Revision Application No. 74 of 2026.


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 trial court.


V.     Criminal Application is accordingly disposed off.



                                            [ABHAY S. WAGHWASE, J.]



vre

Continue reading with your account

Checking your session…