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54-Revision-61-2026 (CR).doc S.S.Kilaje IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 61 OF 2026 Yogesh Naresh Tawde ...Applicant/s VERSUS The State Of Maharashtra & Anr. ...Respondent/s _________________________________________________________________ Ms. Sonam Pandey, Advocate for Applicant. Mr. Sameer M. Mangaonkar, APP for the State. _________________________________________________________________
CORAM : SHIVKUMAR DIGE, J. DATE : 8th OCTOBER, 2026.
P.C. :
1. The challenge in this application is to the order passed by the Additional Sessions Judge, Mumbai, whereby the learned Judge has rejected the application for leave to deposit 20% of compensation amount.
2. It is contention of learned counsel for the applicant that the applicant is ready to deposit 40% of compensation amount i.e. Rs.13,24,100/- within two weeks before the Appellate Court and requested to allow the application.
3. It appears from record that the applicant was directed to deposit 20% of compensation amount by order dated 07.08.2023. Thereafter, several extensions were granted to him to deposit the amount
54-Revision-61-2026 (CR).doc S.S.Kilaje but he failed to deposit the same. The application for extension of time was rejected by learned Sessions Court. Meanwhile, the respondent filed an application for vacating the suspension of sentence granted to the applicant and it was allowed. Thereafter, the applicant filed an application on 05.01.2026 for permission to deposit 20% of cheque amount as per
order. The learned Judge has rejected the said application on the ground that it is beyond period of 90 days and the application for depositing the amount was already rejected. In my view, the applicant’s appeal against the conviction under Section 138 of Negotiable Instrument Act is pending before the learned Sessions Judge and the applicant is ready to deposit 40% of compensation amount within two weeks. Considering this fact, one more chance is given to the applicant to deposit the amount and I pass following order.
ORDER (i) The Revision Application is allowed. (ii) The order dated 12.04.2026 passed by Additional Sessions Judge, Mumbai, below Exhibit-16 is quashed and set aside. (iii) The order dated 21.10.2023 granting suspension of sentence passed by Additional Sessions Judge, Mumbai, is restored, subject to deposit of 40% compensation
54-Revision-61-2026 (CR).doc S.S.Kilaje amount within two weeks.
4. The Revision Application is disposed of.
(SHIVKUMAR DIGE, J.)