1 23-revn-91-26.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO. 94 OF 2026 IN CRIMINAL REVISION NO. 91 OF 2026 Suryakant Chandrashekhar Tripathi Versus Nirmal Ujjwal Credit Co-operative Society Limited, Nagpur Bench at Achalpur Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri Deepak Khushalani, Advocate for the applicant. Shri V.J.Dharkar, Advocate for the non-applicant. CORAM : MEHROZ K. PATHAN, J. DATED : 1st SEPTEMBER, 2026. Criminal Application No. 94 of 2026 has been filed by the applicant seeking suspension of the substantive sentence imposed upon him. 2. The applicant has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881, vide judgment and order dated 04.01.2019 passed by the learned Judicial Magistrate First Class, Court No. 1, Achalpur, in SCC No. 1290 of 2017, whereby the applicant has been sentenced to suffer simple imprisonment SKNair 2 23-revn-91-26.odt for a period of one month and has further been directed to pay compensation of Rs.30,000/- to the complainant. 3. Shri Khushalani, learned counsel for the applicant/accused submits that the applicant has already paid an amount of Rs.30,000/- towards the compensation awarded by the learned trial Court to the complainant/respondent. It is further submitted that the applicant was on bail during the trial and was also on bail during the pendency of the appeal. Since the entire amount of compensation has already been paid, learned counsel submits that the substantive sentence may be suspended. 4. Shri Dharkar, learned counsel for the respondent/complainant opposes the application for suspension of sentence. He submits that the cheque in question was issued by the applicant towards the overdraft facility availed in respect of the loan advanced by the respondent-financial institution. According to him, the loan amount has not yet been fully repaid and the applicant continues to remain in default. It is further submitted that, in view of the subsisting default, the applicant is not entitled to the benefit of suspension of sentence during the pendency of the appeal. Learned counsel further submits that the applicant has been sentenced not only to pay SKNair 3 23-revn-91-26.odt compensation but also to undergo simple imprisonment for a period of one month and, therefore, the present application does not deserve to be allowed. 5. I have gone through the judgment dated 04.01.2019 passed by the learned trial Court as well as the order dated 26.12.2024 passed by the learned Extra Joint Additional Sessions Judge, Achalpur. I have also perused the receipt placed on record evidencing payment of Rs.30,000/- by the applicant towards the compensation payable to the respondent/complainant. The respondent/complainant also does not deny any such payment at the behest of the applicant. 6. Thus, taking into consideration the fact that the applicant has paid the entire amount of compensation awarded by the learned trial Court and has thereby demonstrated his bona fides, I am inclined to exercise the discretion under Section 438 of the Code of Criminal Procedure and pass the following order. ORDER i. The substantive sentence imposed upon the applicant to undergo simple imprisonment for a period of one month vide judgment dated 04.01.2019 passed by the learned Judicial Magistrate First Class, SKNair 4 23-revn-91-26.odt Court No. 1, Achalpur, in SCC No. 1290 of 2017, and confirmed by the learned Extra Joint Additional Sessions Judge, Achalpur, vide order dated 26.12.2024 in Criminal Appeal No. 15 of 2019, is hereby suspended during the pendency of the appeal. ii. The applicant shall be released on bail upon furnishing a PR Bond of Rs.25,000/- (Rupees Twenty-Five Thousand only) with one solvent surety in the like amount. iii. The applicant shall remain present in the Court at the time of hearing as and when called, if the same is necessitated. iv. Criminal application stands disposed of. Criminal Revision No. 91 of 2026. Admit. 7. Call for record and proceedings. [MEHROZ K. PATHAN, J.] SKNair Signed by: Mr. S.K. NAIR Designation: PS To Honourable Judge Date: 02/09/2026 19:44:49