502-570-26-ia.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 570 OF 2026 IN CR. REVISION APPLICATION NO. 85 OF 2026 Dhananjay Sangram Koli ….Applicant Vs. Liyakat Alahabax Nalband and anr ….Respondents Mr. S. R. Patil, advocate for the Applicant Mr. Avinash A. Naik, APP for the State CORAM : RAJESH S. PATIL, J. DATE : 10 SEPTEMBER 2026 P. C. : 1. Not on board. Upon mentioning, taken on production board. 2. Mr. Patil, learned advocate for the Applicant, seeks liberty to add one more prayer as prayer clause (a1), that of waiver of 20% of minimum amount to be deposited as per the provision of Section 148 of the Negotiable Instruments Act. 3. Liberty as prayed is granted. Amendment to be carried forthwith physically in the Court's copy, and thereafter within a period of one week in online method. 1 of 5 Iresh IRESH MASHAL Digitally signed by IRESH MASHAL Date: 2026.09.10 19:25:28 +0530 502-570-26-ia.doc 4. By the present Interim Application, the Applicant is seeking suspension of sentence imposed upon him by the learned Sessions Judge, Kolhapur vide Judgment and Order dated 13 August 2026 in Cri. Appeal No. 82 of 2024. The Applicant was convicted for offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to suffer simple imprisonment of six months and to pay compensation of 21,77,000/-, in default to suffer simple ₹ imprisonment for three months vide Judgment and Order dated 16 August 2024 by the learned Judicial Magistrate First Class, Kolhapur in S.C.C. No. 204 of 2022. 5. Mr. Patil, appearing for the Applicant, submits that the Applicant has no criminal antecedents, he belongs to a very poor family, and he is not in a financial status to deposit 20% of the compensation amount. He was earlier working in a mobile shop and has now been removed from the said job, and he is doing odd jobs wherein he earns around 400/- to 500/- per day. ₹ ₹ 6. The case of the complainant was that there was an agreement dated 25 December 2020 between the complainant and the Applicant for purchase of a truck. A cheque was issued by the 2 of 5 502-570-26-ia.doc Applicant which got bounced on presentation. 7. Mr. Patil submits that the truck was not in possession of the present Applicant; it was hypothecated with a bank, and the bank has later sold the said truck in an auction. The bank has also initiated arbitration proceedings against the Complainant. He has relied upon the judgment of Jamboo Bhandari Vs. M. P. State Industrial Development Corp. Ltd. and Ors reported in AIR Online 2023 (SC) 1103 and Arup Kumar Sharma Vs. Ram Lakhan Gupta, reported in AIR Online, 2023 GAU. 432. 8. From the record, it appears that there was a transaction for purchase of a truck and there was a cheque issued towards consideration. The truck was never in possession of the present Applicant as it was hypothecated with the bank, and for non- payment of the bank loan dues, the bank has attached the said truck and sold it in auction. 9. Since the Revision is against a conviction order, considering the facts of the present proceedings, it will be necessary to hear the parties on merits by suspending the sentence. 10. As far as the waiver of 20% of amount is concerned, the 3 of 5 Iresh 502-570-26-ia.doc Applicant is ready to cooperate for speedy disposal of the Revision. The two authorities relied upon by Mr. Patil, that of Jamboo Bhandari (supra) and Arup Kumar Sharma (supra), squarely cover the point of waiver of minimum 20% of the amount to be deposited. 11. The Applicant was earlier working in a mobile shop and has thereafter been removed from his job, hence is doing odd jobs in order to earn for his and his family’s survival. It is his case that he is the sole earning member of his family. Therefore, I am of the view that this is a fit case in which minimum deposit of 20% of the fine amount needs to be exempted. Before the Sessions Court, a similar kind of order was passed on 9 October 2024. O R D E R I. Interim application is allowed in terms of prayer clause (a) and (a1). II. The sentence imposed upon the applicant Judgment and Order dated 16 August 2024 by the learned Judicial Magistrate First Class, Kolhapur in S.C.C. No. 204 of 2022, which was confirmed by learned Sessions Judge, Kolhapur vide Judgment and Order dated 13 August 2026 in Cri. 4 of 5 502-570-26-ia.doc Appeal No. 82 of 2024, stands suspended during the pendency of the revision. III. The applicant shall be released on bail upon executing a PR bond of Rs. 15,000/- with one or two sureties of the like amount. [RAJESH S. PATIL, J.] 5 of 5 Iresh