Chetak Engineering Through Ashok Panditrao Jaykar v. Manoj Mandaji Borse
2026:BHC-AUG:7392 {1} CR APPLN 759 OF 2026
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CRIMINAL APPLICATION NO.759 OF 2026 IN REVN/68/2026 Chetak Engineering Through - Ashok s/o Panditrao Jaykar Age : 43 years, Occu.: Business, R/o. Gut No.101, Krushna Watika, Ghanegaon, Row House No.910/17, 910/18, Tq.Gangapur, District Aurangabad.
..Applicant (Accused)
Versus
Manoj s/o Mandaji Borse Age: 50 years, Occu.: Driver, R/o. Salampure Nagar, Flat No.5, Sajapur Wadgaon Kolhati, Tq. and District Aurangabad.
..Respondent (Complainant) ....
Advocate for Applicant : Mr.Dhananjay Mane and Mr.Adwait Milind Joshi ....
CORAM : ABHAY S. WAGHWASE, J.
DATE : 20 FEBRUARY, 2026 ORDER :- 1.
Not on board. Taken on board.
2.
This is an application for suspension of sentence and grant of bail as a result of conviction recorded by learned Additional Chief Judicial Magistrate, Court No.5, Aurangabad in SCC No.8798 of
{2} CR APPLN 759 OF 2026 2018 for commission of offence under Section 138 of the Negotiable Instruments Act (NI Act) and confirmed by learned Additional Sessions Judge, Aurangabad.
3.
Learned Counsel for the applicant pointed out that applicant was tried for offence under Section 138 of the Negotiable Instruments Act. He further pointed out that, learned trial Court held applicant guilty for the said offence and sentenced him to suffer simple imprisonment for six months and to pay an amount of Rs.2,75,000/- alongwith simple interest @ 9% per annum. That, the appeal preferred against the said judgment before the learned Additional Sessions Judge, Aurangabad is partly allowed and sentence of simple imprisonment for six months is brought down to simple imprisonment for 15 days. Learned counsel submits that, the applicant was on bail during trial. That, revision is preferred in 2026 and there are no immediate prospects of hearing of the revision application. Therefore, learned counsel prays for suspension of sentence and grant of bail during pendency of revision application. 4.
Considering the nature of proceedings, the quantum of sentence and as there are no immediate prospects of hearing of the
{3} CR APPLN 759 OF 2026 revision, relief as prayed deserves to be granted.
ORDER
(i) Criminal Application No.759 of 2026 is allowed. (ii) The substantive sentence imposed on the applicant Ashok Panditrao Jaykar by the learned Additional Chief Judicial Magistrate, Court No.5, Aurangabad in SCC No.8798 of 2018 on 28-08-2023 and modified by learned Additional Sessions Judge, Aurangabad on 28-01-2026, stands suspended till final hearing and disposal of Criminal Revision Application No.68 of 2026.
(iii) The applicant - Ashok Panditrao Jaykar be released on P.R. Bond of Rs.15,000/- (Rs. Fifteen thousand only) with one solvent surety in the like amount. (iv) Bail before the trial Court.
( ABHAY S. WAGHWASE ) JUDGE SPT