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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

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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