Bombay High Court
Devidas Dadaji KuwarversusNadarabai Jagannath Pawar
- Decided
- Disposal
- Disposed Off
Holding
The court held that the applicant’s sentence under Section 138 NI Act may be suspended pending the disposal of the revision application, and he may be released on bail upon furnishing cash bail and surety as stipulated.
Summary
The applicant, Devidas Dadaji Kuwar, was convicted under Section 138 of the Negotiable Instruments Act by the Chief Judicial Magistrate Court, Malegaon, and sentenced to two years’ imprisonment and a compensation of Rs.30 lakh, later reduced to Rs.22.5 lakh by the Sessions Judge. While in custody, the applicant deposited a substantial part of the compensation and cheques amounting to Rs.44.5 lakh out of a total liability of Rs.65 lakh and sought suspension of his sentence and release on bail, assuring further deposits. The learned counsel argued that the applicant had not misused his liberty and had made significant payments. The Court, after hearing, ordered that the substantive sentence be suspended pending the final disposal of the revision application, and that the applicant be released on bail upon furnishing cash bail of Rs.20,000 and a surety of the same amount within one month. The interim application was consequently disposed of.
Issues considered
- Whether the conviction and sentence under Section 138 of the Negotiable Instruments Act can be suspended pending the disposal of the revision application
- Whether the applicant is entitled to bail and the conditions for such bail
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- bail
- sentence suspension
- revision application
- criminal procedure
- compensation
Judgment
904-REVN-517-2026 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3406 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 517 OF 2026
Devidas Dadaji Kuwar … Applicant
VERSUS
Nadarabai Jagannath Pawar & Anr. … Respondents
SONALI
Digitally
signed by
SONALI
SATISH
_________________________________________________________________
SATISH KILAJE
KILAJE Date:
2026.10.09
16:55:38
+0530
Mr. Jayendra Khairnar a/w. Ms. Gauri Kulkarni, Advocate for Applicant.
Mr. M.G.Patil, 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.30 lakh along
with interest. The learned Session Judge, Malegaon, has modified the
conviction order and reduced the compensation amount from Rs. 30 lakh
to Rs. 22,50,000/-. The cheque amount was of Rs.15 lakh and the
applicant has deposited total Rs. 4,50,000/-. 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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904-REVN-517-2026 (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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