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Bombay High Court

Dhananjay Sangram KoliversusLiyakat Alahabax Nalband

Disposal
Allowed

Holding

The court held that the 20% deposit requirement may be waived and the sentence suspended when the convicted person is indigent and the circumstances justify relief.

Summary

The applicant, Dhananjay Sangram Koli, was convicted under Section 138 of the Negotiable Instruments Act for issuing a bounced cheque in a truck purchase transaction and sentenced to six months' imprisonment and a fine of ₹21,77,000. He filed an interim application seeking suspension of the sentence and a waiver of the statutory requirement to deposit 20% of the fine, arguing extreme poverty and lack of criminal antecedents. The court noted that the truck was hypothecated and later auctioned by the bank, and that the applicant was the sole earner for his family, rendering the deposit requirement oppressive. Relying on precedents (Jamboo Bhandari v. M.P. State Industrial Development Corp. Ltd. and Arup Kumar Sharma v. Ram Lakhan Gupta) that support waiving the 20% deposit in similar circumstances, the judge found merit in the applicant’s request. Consequently, the interim application was allowed, the sentence was suspended pending the revision, and the applicant was released on bail upon furnishing a PR bond of ₹15,000 with sureties.

Issues considered

  • Whether the statutory requirement to deposit 20% of the fine under Section 148 of the Negotiable Instruments Act can be waived in cases of extreme poverty.
  • Whether the sentence imposed under Section 138 of the Negotiable Instruments Act should be suspended pending revision of the conviction.

Legislation cited

Subjects

  • Section 138 NIA
  • cheque bounce
  • sentence suspension
  • waiver of fine deposit
  • interim application
  • bail
  • revision

Judgment

                                                                        502-570-26-ia.doc


                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CIRCUIT BENCH AT KOLHAPUR

                               CRIMINAL APPELLATE JURISDICTION
                             INTERIM APPLICATION NO. 570 OF 2026
                                               IN
                            CR. REVISION APPLICATION NO. 85 OF 2026

             Dhananjay Sangram Koli                                  ….Applicant
                  Vs.
             Liyakat Alahabax Nalband and anr                        ….Respondents

             Mr. S. R. Patil, advocate for the Applicant
             Mr. Avinash A. Naik, APP for the State

                                        CORAM : RAJESH S. PATIL, J.

                                        DATE    : 10 SEPTEMBER 2026

             P. C. :

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


             2.        Mr. Patil, learned advocate for the Applicant, seeks liberty to

             add one more prayer as prayer clause (a1), that of waiver of 20% of

IRESH
MASHAL
             minimum amount to be deposited as per the provision of Section

Digitally
signed by
IRESH
             148 of the Negotiable Instruments Act.
MASHAL
Date:
2026.09.10
19:25:28
+0530



             3.        Liberty as prayed is granted. Amendment to be carried

             forthwith physically in the Court's copy, and thereafter within a

             period of one week in online method.




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4.   By the present Interim Application, the Applicant is seeking

suspension of sentence imposed upon him by the learned Sessions

Judge, Kolhapur vide Judgment and Order dated 13 August 2026 in

Cri. Appeal No. 82 of 2024. The Applicant was convicted for offence

punishable under Section 138 of the Negotiable Instruments Act and

sentenced to suffer simple imprisonment of six months and to pay

compensation of ₹21,77,000/-, in default to suffer simple

imprisonment for three months vide Judgment and Order dated 16

August 2024 by the learned Judicial Magistrate First Class, Kolhapur

in S.C.C. No. 204 of 2022.


5.   Mr. Patil, appearing for the Applicant, submits that the

Applicant has no criminal antecedents, he belongs to a very poor

family, and he is not in a financial status to deposit 20% of the

compensation amount. He was earlier working in a mobile shop and

has now been removed from the said job, and he is doing odd jobs

wherein he earns around ₹400/- to ₹500/- per day.


6.   The case of the complainant was that there was an agreement

dated 25 December 2020 between the complainant and the

Applicant for purchase of a truck. A cheque was issued by the



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        Applicant which got bounced on presentation.


        7.    Mr. Patil submits that the truck was not in possession of the

        present Applicant; it was hypothecated with a bank, and the bank

        has later sold the said truck in an auction. The bank has also

        initiated arbitration proceedings against the Complainant. He has

        relied upon the judgment of Jamboo Bhandari Vs. M. P. State

        Industrial Development Corp. Ltd. and Ors reported in AIR Online

        2023 (SC) 1103 and Arup Kumar Sharma Vs. Ram Lakhan Gupta,

        reported in AIR Online, 2023 GAU. 432.


        8.    From the record, it appears that there was a transaction for

        purchase of a truck and there was a cheque issued towards

        consideration. The truck was never in possession of the present

        Applicant as it was hypothecated with the bank, and for non-

        payment of the bank loan dues, the bank has attached the said truck

        and sold it in auction.


        9.    Since the Revision is against a conviction order, considering

        the facts of the present proceedings, it will be necessary to hear the

        parties on merits by suspending the sentence.


        10.   As far as the waiver of 20% of amount is concerned, the

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Applicant is ready to cooperate for speedy disposal of the Revision.

The two authorities relied upon by Mr. Patil, that of Jamboo

Bhandari (supra) and Arup Kumar Sharma (supra), squarely cover

the point of waiver of minimum 20% of the amount to be deposited.


11.   The Applicant was earlier working in a mobile shop and has

thereafter been removed from his job, hence is doing odd jobs in

order to earn for his and his family’s survival. It is his case that he is

the sole earning member of his family. Therefore, I am of the view

that this is a fit case in which minimum deposit of 20% of the fine

amount needs to be exempted. Before the Sessions Court, a similar

kind of order was passed on 9 October 2024.


                               ORDER

       I.    Interim application is allowed in terms of prayer clause

       (a) and (a1).

       II.   The sentence imposed upon the applicant Judgment and

       Order dated 16 August 2024 by the learned Judicial

       Magistrate First Class, Kolhapur in S.C.C. No. 204 of 2022,

       which was confirmed by learned Sessions Judge, Kolhapur

       vide Judgment and Order dated 13 August 2026 in Cri.


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        Appeal No. 82 of 2024, stands suspended during the

        pendency of the revision.

        III. The applicant shall be released on bail upon

        executing a PR bond of Rs. 15,000/- with one or two

        sureties of the like amount.



                                          [RAJESH S. PATIL, J.]




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