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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

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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