13. CRI. WP 370 of 2026.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL WRIT PETITION NO.370/2026 Sakshi Builders, Through its Proprietor Bhajanlal Lekhrajmal Parwani ...Versus… Arjun Singh Wasudeo Singh Nagore - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. J.B. Gandhi, Advocate for petitioner Mr. U.J. Deshpande, Advocate for respondent CORAM : MEHROZ K. PATHAN, J. DATE : 31/08/2026 1. Heard Mr. Gandhi, learned Counsel for the petitioner and Mr. Deshpande, learned Counsel for the respondent. 2. The petition challenges the order dated 30/01/2026, passed by the learned District Judge – 3 and Additional Sessions Judge, Akola below Exh.05 in Criminal Appeal No.50/2026, thereby allowing the application for suspension of sentence of imprisonment, imposed upon by the learned Additional Chief Judicial Magistrate, Akola in Summery Criminal Case No.2724/2019, thereby imposing punishment of simple imprisonment for two months and further directing to pay compensation of Rs.1,06,00,000/- to the complainant. 3. The application came to be allowed vide order dated 30/01/2026, thereby imposing a condition to deposit 20% compensation amount, as directed by the learned Trial Court. The petitioner herein had thereafter moved another 2026:BHC-NAG:11567 13. CRI. WP 370 of 2026.odt 2 application below Exh.09, thereby praying for relaxation of the condition to deposit 20% amount of the compensation, as directed by the learned Trial Court while suspending the sentence vide order dated 30/01/2026. The learned first Appellate Court had rejected the said application vide order dated 28/04/2026. The petitioner is thus challenging the said order by filing the present writ petition. 4. Mr. Gandhi, learned Counsel for the petitioner submits that the petitioner had already paid an amount of Rs.13,50,000/- even before the cheques were dishonoured. The amount of Rs.7,50,000/- is already paid by the petitioner in Darkhast proceedings, which were filed in pursuance to the decree dated 03/07/2023 passed by the Civil Judge Senior Division, Akola in Special Civil Suit No.08/2019 filed by the complainant herein against the petitioner. The amount of Rs.7,50,000/- is against the said transaction, which had been alleged in the complaint filed under Section 138 of the Negotiable Instruments Act, 1881 (for the sake of brevity “NI Act”). The learned Counsel further submits that this Court vide order dated 07/05/2026 had directed the petitioner to deposit an amount of Rs.10,00,000/- to show his bona fides for entertaining the present writ petition. The petitioner has thus deposited Rs.10,00,000/- on 18/05/2026 before the learned Appellate Court in compliance of the order dated 07/05/2026 passed by this Court. Thus, the learned Counsel for the petitioner submits that an amount of more than 20% of the compensation has already been paid and as such the said fact was not considered by the learned Appellate Court while rejecting the application filed by the petitioner below Exh.09 13. CRI. WP 370 of 2026.odt 3 by the impugned order dated 28/04/2026. 5. Mr. Gandhi, learned Counsel for the petitioner relies upon the judgment of the Hon’ble Supreme Court in the case of Jamboo Bhandari Vs. M.P. State Industrial Development Corporation, reported in 2023 SC 1103 and Muskan Enterprises and another Vs. State of Punjab and another, reported in (2024) 20 SCC 85 to submit that the learned Appellate Court has ample power to relax the condition of depositing 20% of the compensation of fine amount, if the circumstances so reveal. The petitioner has specifically pleaded about the financial crunch, which he is facing and also the fact that certain amount has already been paid in Darkhast proceedings filed for execution of the decree passed in a civil suit filed by the complainant herein. The said fact was not considered by the learned Appellate Court and without considering the same, the learned Appellate Court has rejected the application mechanically on the ground that these grounds were not raised while passing the order of suspension of sentence on 30/01/2026. Mr. Gandhi submits that the aforesaid reasons adopted by the learned Appellate Court are therefore misconceived and hence, the impugned order needs to be set aside. Since the petitioner has already paid amount of Rs.10,00,000/-, as directed by this Court, the appeal may be directed to be decided expeditiously. 6. On the other hand, Mr. Deshpande, learned Counsel for the respondent strongly opposes the petition on the ground that though the petitioner has already deposited an amount of Rs.10,00,000/-, the said amount is only in pursuance to the order passed by this Court. The 13. CRI. WP 370 of 2026.odt 4 respondent/complainant has a serious disagreement about an amount of Rs.13,50,000/- being paid by the petitioner even before filing of the complaint. 7. Though, Mr. Deshpande, learned Counsel for the respondent strongly opposes the petition, however, admits that amount of Rs.13,50,000/- was in fact paid by the petitioner to the complainant. He further concedes that Rs.7,50,000/- is deposited by the petitioner in Darkahast proceedings filed by the respondent/complainant for execution of decree in Special Civil Suit No.08/2019. He, however, submits that the aforesaid amount so deposited by the petitioner has not been paid to the complainant and the amount is only deposited in the Appellate Court. If this Court considers the prayer made in the petition, the respondent/complainant may be permitted to withdraw the amount deposited by the petitioner in the Appellate Court. He, therefore, prays for appropriate orders to be passed in the present petition. 8. I have gone through the impugned order dated 28/04/2026, passed by the learned District Judge-3 and Additional Sessions Judge, Akola below Exh.09 and the order dated 30/01/2026 passed below Exh.05. The order granting suspension of sentence dated 30/01/2026 imposes a condition of deposit of 20% of the amount of compensation, awarded by the convicting Court. The said order of imposition of 20% of fine amount appears to have been mechanically passed by the learned Appellate Court without any application of mind as to how much amount is still remaining due from the petitioner/convict. The application filed by the petitioner herein for relaxation of condition is also rejected by the 13. CRI. WP 370 of 2026.odt 5 learned Appellate Court without considering the ground that the petitioner has already deposited some amount in the civil proceedings arising out of the same transaction, for which the present proceeding under Section 138 of the NI Act is filed. Thus, in view of the judgment of the Hon’ble Supreme Court in the case of Jamboo Bhandari and Muskan Enterprises (supra), the learned Appellate Court has powers to consider and relax the condition of depositing 20% of the compensation, if a case is made out for the same. In the present case, as stated earlier and also admitted by the respondent/complainant that the petitioner has already deposited amount of Rs.7,50,000/- before the Executing Court as well as an amount of Rs.13,50,000/- was paid by the petitioner to the complainant before filing of the complaint under Section 138 of the NI Act, it appears that the aforesaid fact ought to have been taken into consideration by the learned Appellate Court while deciding application below Exh.09 for praying relaxation of condition to deposit 20% of the compensation amount. 9. Be that as it may, since the petitioner has already deposited an amount of Rs.10,00,000/- in pursuance to the directions issued by this Court vide order dated 07/05/2026 and the fact that the petitioner has already deposited an amount of Rs.7,50,000/- in the Darkhast proceedings arising out of Special Civil Suit No.8.2019, I am inclined to pass the following order : - O R D E R (i) Criminal Writ Petition is allowed. 13. CRI. WP 370 of 2026.odt 6 (ii) The condition imposed vide order dated 30/01/2026, directing the petitioner to deposit 20% of the amount of compensation is hereby quashed and set aside. (iii) The impugned order dated 30/01/2026 insofar as it suspends the sentence imposed upon the present petitioner shall stand as it is. The sentence imposed upon the petitioner shall remained suspended. (iv) Amount of Rs.10,00,000/- deposited by the petitioner before the Appellate Court in pursuance to the order dated 07/05/2026 is permitted to be withdrawn by the respondent/complainant, subject to the undertaking given by the complainant that if the appeal is allowed, the amount shall be returned back to the petitioner herein. (v) Since the Summary Criminal Case is of the year 2019, the appeal filed by the petitioner herein is expedited. (MEHROZ K. PATHAN, J.) Wadkar Signed by: S.S. Wadkar (SSW) Designation: Senior Pvt. Secretary Date: 02/09/2026 18:38:39