Bombay High Court
Devidas Dadaji KuwarversusNadaraba4646i Jagannath Pawar
- Decided
- Disposal
- Disposed Off
Holding
The court suspended the substantive sentence pending disposal of the revision application and released the applicant on bail with specified conditions.
Summary
The applicant was convicted under Section 138 of the Negotiable Instruments Act by the Chief Judicial Magistrate Court, Malegaon, and sentenced to two years' simple imprisonment and a compensation of Rs.40 lakh, later reduced to Rs.30 lakh by the Sessions Judge. The applicant had deposited Rs.44.5 lakh out of the total cheque amount of Rs.65 lakh and sought suspension of the sentence, claiming he had not misused his liberty while on bail. The learned counsel submitted that the applicant would deposit the remaining amounts within stipulated periods. The High Court, considering the partial payment and the applicant's conduct, ordered that the substantive sentence be suspended pending disposal of the revision application and released the applicant on bail with cash bail and a personal bond of Rs.20,000, along with a surety condition. The interim application was consequently disposed.
Issues considered
- What is the appropriate relief regarding suspension of the sentence and bail for an applicant convicted under Section 138 of the Negotiable Instruments Act who has partially paid the compensation?
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- criminal revision
- suspension of sentence
- bail
- compensation
- partial payment
Judgment
907-IA-3404-2026 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3404 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 515 OF 2026
Devidas Dadaji Kuwar … Applicant
VERSUS
Nadarbai Jagannath Pawar & Anr. … Respondents
_________________________________________________________________
Digitally signed
Mr. Jayendra Khairnar a/w. Ms. Gauri Kulkarni, Advocate for Applicant.
SONALI SATISH
by SONALI
KILAJE
SATISH Date:
2026.10.09
KILAJE 16:55:57
+0530
Smt. Ranjana D. Humane, APP for the Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th OCTOBER, 2026.
P.C. :
1. Heard learned counsel for the applicant.
2. It is contention of the leaned counsel for the applicant that
applicant was convicted under Section 138 of Negotiable of Instrument Act
by Chief Judicial Magistrate Court, Malegaon, and sentenced to suffer two
years of simple imprisonment and pay compensation of Rs.40 lakh along
with interest. The learned Session Judge, Malegaon, has modified the
conviction order and reduced the compensation amount from Rs. 40 lakh
to Rs. 30,00,000/-. The cheque amount was of Rs.20 lakh and the
applicant has deposited total Rs. 6,00,000/-. The applicant is behind bar
from 31.08.2026. During trial the applicant was on bail. He has not
misused the liberty and requested to allow the application and suspend the
sentence. Learned counsel further submitted that in all four cheques were
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907-IA-3404-2026 (CR).doc
S.S.Kilaje
issued by the applicant. Total amounting to Rs.65 lakhs out of this amount
the applicant has deposited Rs.19,50,000/- before the Appellate Court and
Rs.25 lakh is deposited before this Court. So, the applicant has deposited
total Rs.44,50,000/- out of cheque amount of Rs.65 lakh. Learned counsel
for the applicant on instructions submits that the applicant will deposit
Rs.10 lakh within 15 days after releasing from jail and Rs.10 lakh within
five months from today.
3. In view of above, the applicant’s sentence is suspended and he
is enlarged on bail, pending the hearing and final disposal of the Revision
Application, on the following terms and conditions.
ORDER
(i) The substantive sentence imposed on the applicant is
suspended till disposal of the Revision Application.
(ii) The applicant be released on bail on furnishing cash
bail of Rs. 20,000/- and P.R. Bond of the same
amount.
(iii) The applicant shall furnish the surety amount of the
same amount within one month after released from
the jail.
4. Interim application stands disposed of.
5. All concerned to act on an authenticated copy of this order.
(SHIVKUMAR DIGE, J.)
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