Bombay High Court
MS United Engineering works A Partnership FirmversusTHE STATE OF MAHARASHTRA THROUGH P P HIGH COURT
- Decided
- Disposal
- Disposed Off
Holding
The revision application is allowed, the impugned order is quashed, and the applicant is directed to deposit 20% of the fine/compensation within 30 days and to seek suspension of sentence.
Summary
United Engineering Works and others were convicted by a Judicial Magistrate First Class under Section 138 of the Negotiable Instruments Act, 1881. The Additional Sessions Judge suspended the substantive sentence on the condition that the applicant deposit 30% of the fine/compensation within 60 days. The applicant filed a criminal revision, offering to pay 20% of the amount – 10% within a week and the remaining 10% within 30 days – and sought modification of the payment condition. The High Court allowed the revision, quashed the Additional Sessions Judge’s order, and directed the applicant to deposit 20% of the fine/compensation within 30 days. The Court also ordered the applicant to file an application for suspension of sentence before the Sessions Judge, who must consider it in view of the applicant’s undertaking. All pending applications were disposed of.
Issues considered
- Whether the order of the Additional Sessions Judge suspending the sentence subject to payment of 30% of the fine/compensation is valid.
- Whether the High Court can modify the payment condition in a revision proceeding.
Legislation cited
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Negotiable Instruments Act
- Section 138
- criminal revision
- suspension of sentence
- fine
- compensation
- High Court
Judgment
503-Revn-544-26.doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 544 OF 2026
United Engineering Works and Ors. ...Applicant/s
VERSUS
The State Of Maharashtra & Anr. ...Respondent/s
_________________________________________________________________
Digitally signed
SONALI SATISH
by SONALI
SATISH Date:
KILAJE
KILAJE 2026.10.09
17:08:03 +0530
Mr. Chetan Deshmukh a/w Mr. Mahesh Pawar, Advocate for Applicant.
Ms. Ranjana D. Humane, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th OCTOBER, 2026.
P.C. :
1. The challenge in this Revision Application is to the impugned
order passed by the learned Appellate Court, by said order learned
Appellate Court suspended substantive sentence imposed by the learned
J.M.F.C., till the decision of the appeal subject to payment of 30% of fine/
compensation amount within 60 days.
2. It is contention of learned counsel for the applicant that the
applicant was convicted by the learned J.M.F.C under Section 138 of
Negotiable Instrument Act, 1881. The applicant has challenged the said
order before the learned Additional Sessions Court, Mazgaon, Mumbai.
While passing the order of suspension of sentence the leaned Additional
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503-Revn-544-26.doc
S.S.Kilaje
Sessions Judge has directed the applicant to deposit 30% of the
compensation amount. Learned counsel further submitted that the
applicant is ready and wiling to comply with the statutory requirement and
undertake to deposit 20% of compensation amount within 30 days from
today. The applicant shall deposit 10% amount within one week from
today and remaining 10% amount within 30 days.
3. Considering the submission of learned counsel for the applicant,
I pass following order:
ORDER
(i) Revision Application is allowed.
(ii) The impugned order dated 10.08.2026 passed by
the learned Additional Sessions Judge, Mazgaon is
quashed and set aside.
(iii) The applicant shall deposit 20% of the
fine/compensation amount within 30 days from
today.
(iv) The applicant shall file an application for suspension
of sentence before the learned Sessions Judge.
(v) The learned Sessions Judge shall consider the
application of suspension of sentence as applicant
has undertaken to deposit 20% of compensation
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S.S.Kilaje
amount.
4. The Revision Application is disposed of. All pending
applications, if any, also disposed of.
(SHIVKUMAR DIGE, J.)
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