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2026 DAILYLAW 17048 (BOM)

MS United Engineering works A Partnership Firm v. THE STATE OF MAHARASHTRA THROUGH P P HIGH COURT

REVN/544/2026 · 2026-10-08

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Judgment text

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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 _________________________________________________________________ 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 SONALI SATISH KILAJE Digitally signed by SONALI SATISH KILAJE Date: 2026.10.09 17:08:03 +0530 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 503-Revn-544-26.doc S.S.Kilaje amount. 4. The Revision Application is disposed of. All pending applications, if any, also disposed of. (SHIVKUMAR DIGE, J.)