1 23-revn-23-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 30 OF 2025 IN CRIMINAL REVISION NO. 23 OF 2025 Dilip Ramchandra Kukreja Versus Vinod Bhagchand Bicchu and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri N.S.Warulkar, Advocate for the applicant. Mrs. S.V.Kolhe, APP for the non-applicant/State. CORAM : MEHROZ K. PATHAN, J. DATED : 29th SEPTEMBER, 2026. The present application has been filed by the applicant seeking suspension of the substantive sentence imposed upon him by the learned Judicial Magistrate First Class, Court No. 9, Akola, vide judgment and order dated 31.05.2018, passed in Summary Criminal Case No. 409 of 2025, for the offence punishable under Section 138 of the Negotiable Instruments Act. By the said judgment and order, the applicant was convicted and sentenced to undergo simple imprisonment for a period of two months and was further directed to pay compensation of Rs. 50,000/- to the complainant within a period of three months from the date of the order. It was further directed that, in default of payment SKNair 2 23-revn-23-25.odt of the said compensation, the applicant shall undergo simple imprisonment for a further period of one month. 2. Learned counsel for the applicant submits that the appeal was preferred against the said judgment, which came to be dismissed vide order dated 09.10.2019 for want of prosecution as the applicant was not present on the date on which the matter was taken up for hearing. There was a delay in filing the appeal, and accordingly, an application seeking condonation of the said delay was filed. However, the said application came to be dismissed for want of prosecution vide the impugned order dated 09.10.2019. Learned counsel for the applicant further submits that the cheque amount of Rs.40,000/- was also paid by the applicant during the pendency of condonation of delay application along with the appeal. The said amount of Rs.40,000/- was paid on 09.04.2019 and a receipt to that effect is already placed on record. The learned counsel for the applicant further submits that the applicant was granted bail during the pendency of appeal vide order dated 09.04.2019, and that there was no violation of any of the conditions imposed upon the applicant while granting bail. After conviction, the learned trial Court has also suspended the sentence. The applicant filed an appeal which came to be dismissed in default. The applicant is further ready to abide any conditions that may be imposed by this Court. Hence, the applicant may be released on bail by suspending the sentence. 3. As against this, Mrs. Kolhe, learned Additional Public Prosecutor opposes the bail application on the ground that applicant is convicted under Section 138 of the Negotiable Instruments Act. If the SKNair 3 23-revn-23-25.odt applicant is released on bail, there is a likelihood that he may abscond, thereby defeating the ends of justice. The appeal came to be dismissed in default for want of prosecution, as the applicant could not remain present. Therefore, she prays for rejection of the application. 4. I have gone through the judgment of conviction dated 31.05.2018 passed by the learned Judicial Magistrate First Class, Akola as well as the order dated 09.10.2019 passed by the learned 4th Additional Sessions Judge, Akola. The applicant was on bail during pendency of appeal. There are no allegations that the applicant has misused any of the conditions imposed in the bail order. Thus, I am inclined to exercise discretion under Section 389 of the Code of Criminal Procedure to release the applicant on bail by suspending the sentence. Hence, the following order. ORDER i. The criminal application is allowed; ii. The substantive sentence imposed upon the applicant by the learned Convicting Court, viz., to suffer simple imprisonment for two months and to pay compensation of Rs.50,000/- to complainant within three months from the date of order. In default of payment of compensation, he shall undergo simple imprisonment of one month, passed by the learned Judicial Magistrate First Class, Court No.9, Akola in Special Case No. 409 of 2015, is hereby suspended subject to the condition that the applicant on furnishing the P.R.Bond of Rs.25,000/- with one or two solvent sureties in the like amount. SKNair 4 23-revn-23-25.odt iii. The applicant is directed not to tamper with the evidence and shall not threaten the complainant or the witnesses. iv. The applicant shall furnish copies of his Aadhar Card and PAN Card to the Investigating Officer along with his residential address and the names, addresses and mobile numbers of two close relatives v. Needless to say, violation of any of the aforesaid conditions may entitle the prosecution to seek cancellation of the bail granted herein above. vi. Application is disposed of accordingly. Criminal Revision No. 23 of 2025. Put up the matter for hearing on 13.10.2026. [MEHROZ K. PATHAN, J.] SKNair