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Bombay High CourtAPPLN/4340/2025disposed off

Deepak Popat Jagtap v. Shri Sadguru Gramhin Bigarsheti Sah. Pata Sanstha Ltd Ahmednagar Thr Suresh Vitthal Kulkarni And ANR

2026-01-27Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2026:BHC-AUG:3229 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 21 CRIMINAL APPLICATION NO. 4340 OF 2025 IN CRIMINAL REVISION APPLICATION NO. 364 OF 2025 Deepak s/o Popat Jagtap, Age : 40 years, Occu : Driver, R/o: Pargaon, Post Bhatodi, Taluka Nagar, District Ahmednagar.

... Applicant [Orig. Accused]

Versus

1.

Shri Sadguru Gramhin Bigarsheti Sahakari Pat Sanstha Ltd., Mehekari Fata, Taluka and District Ahmednagar Through Suresh Vitthal Kulkarni, Age : 73 years, Occ. Service, R/o Sarasnagar, Ahmednagar.

2.

The State of Maharashtra ... Respondents [R.1-Orig Complainant] .....

Advocate for Applicants : Mr. Vijay S. Wakale Advocate for Respondent No.1 : Mr. R. S. Kasar APP for Respondent No.2-State : Mr. S. G. Sangle ...

CORAM :

ABHAY S. WAGHWASE, J.

DATED :

27, JANUARY 2026 PER COURT :- 1.

This is an application for suspension of sentence awarded by learned Additional Chief Judicial Magistrate, Court No.12, Ahmednagar in S.C.C. No. 2418 of 2018 by judgment and order dated 01.01.2020 and which is confirmed by learned Additional Sessions

-2Judge, Ahmednagar, by judgment and order dated 11.09.2025 passed in Criminal No. 23 of 2020, and grant of bail pending hearing and final disposal of the criminal revision application. 2.

Learned counsel for the applicant submits that, proceedings under Section 138 of the Negotiable Instruments Act were instituted by the other side. After trial vide above S.C.C. No. 2418 of 2018, conviction came to be recorded and learned trial court has awarded sentence of imprisonment of six months and directed to pay compensation to the tune of Rs.4,44,000/-. That, cheque amount is Rs.3,33,000/- and till date, amount of Rs.90,000/- is paid. After taking instructions from the client, learned counsel for the applicant seeks further three weeks time to deposit the remaining cheque amount.

3.

Learned counsel for the original complainant strongly opposed on the ground that unless amount is deposited, relief may not be granted.

4.

In view of the above, following order is passed :

-3ORDER I.

Applicant is granted three weeks time to deposit the remaining cheque amount.

II.

Subject to the deposit of remaining cheque amount by the applicant, the sentence imposed on the applicant by the learned Additional Chief Judicial Magistrate, Court No.12, Ahmednagar in S.C.C. No. 2418 of 2018 by judgment and order dated 01.01.2020 and which is confirmed by learned Additional Sessions Judge, Ahmednagar, by judgment and order dated 11.09.2025 passed in Criminal No. 23 of 2020, stands suspended till final hearing and disposal of Criminal Revision Application No. 364 of 2025. III.

The applicant be released on P.R. Bond of Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent surety in the like amount. IV.

Bail before the trial court.

V.

Criminal Application is accordingly disposed off. [ABHAY S. WAGHWASE, J.] vre