1 Unknown Author11-appr-205-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 205 OF 2026 IN CRIMINAL REVISION (APPP) NO. 278 OF 2018 IN CRIMINAL REVISION NO. 90 OF 2017 Sanjay S/o Potan Kshirsagar (In Jail) Versus Lakhanlal S/o Ramdin Gadewar 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 S.D.Chande, Advocate for the applicant. Shri K.R.Lule, APP for the non-applicant/State. CORAM : MEHROZ K. PATHAN, J. DATED : 24th AUGUST, 2026. Heard learned counsel for the applicant. 2. Shri Chande, learned counsel for the applicant submits that earlier lawyer appearing on behalf of the applicant, did not inform about the dismissal of the revision filed against the conviction of the appellant confirmed by the Appellate Court. The revision was dismissed in default. The substantive sentence imposed upon the applicant under Section 138 of NI Act, came to be suspended vide order dated SKNair 2026:BHC-NAG:10965 2 Unknown Author11-appr-205-26.odt 18.07.2017, however, the revision itself was dismissed in default on 29.11.2017. The application was moved for condonation of delay in filing restoration application against the dismissed in default on 29.11.2017. The said application came to be registered as application no. 278 of 2018, which came to be dismissed in default again on 14.07.2026 as nobody appeared on behalf of the applicant. The learned counsel appearing on behalf of the applicant Mr. Tambulkar did not inform to the concerned applicant the conditions imposed upon by this Court and the applicant came to be arrested in pursuant to the order of dismissed in default on 14.07.2026. 3. Today, Mr. Chande, learned counsel appearing on behalf of the applicant submits that the applicant is ready to deposit an amount of Rs. 1,50,000/- as directed by this Court while suspending the sentence vide order dated 18.07.2017. The applicant was under a bonafide impression that no such direction was issued by the Court earlier. The earlier lawyer had not informed any conditions so imposed by this Court and hence inadvertently the applicant did not pay the said amount as directed by this Court as a condition for suspension of sentence. However, today, applicant is ready to deposit if such order is passed. SKNair 3 Unknown Author11-appr-205-26.odt 4. Shri Lule, learned Additional Public Prosecutor on behalf of the non-applicant no.2/State though opposes the said application and submits that appropriate order may be passed taking into consideration the grounds taken by the applicant in the application. 5. After having gone through the reasons stated in the application and the submissions made by the Shri Chande, learned counsel for the applicant, it appears that one opportunity needs to be given to the applicant, as the applicant is ready to pay an amount of Rs.1,50,000/- today itself, the said application can be allowed subject to the payment of costs of Rs.2000/- to be paid to the Library of High Court Bar Association. Hence, I am inclined to pass the following order. i. Criminal application for restoration of criminal application is hereby allowed subject to the costs of Rs.2,000/- to be paid by the applicant to the Library of High Court Bar Association, Nagpur. ii. Applicant is permitted to deposit cash of Rs. 1,50,000/- today before the Registry of this Court. iii. Upon such deposits of amount of Rs.1,50,000/-, application for restoration (APPR) No. 278 of 2018 alongwith Criminal Revision SKNair 4 Unknown Author11-appr-205-26.odt No. 90 of 2017 shall be restored on the file of this Court and shall be listed for further consideration. iv. Upon deposits of Rs.1,50,000/- as directed, fresh application for suspension of sentence is permitted to be filed on record by the applicant. v. Authenticated copy of order be supplied to the learned counsel for the applicant. [MEHROZ K. PATHAN, J.] SKNair