Damodar Radhakrishan Zanwar v. Darshan Shikishanji Alantri

2026:BHC-NAG:2103 1 47.APPR.9-2026.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION (APPR) NO. 9 OF 2026 IN CRIMINAL REVISION APPLICATION NO. 12 OF 2026 ( Damodar S/o Radhakrishna Zanwar Vs.

Darshan S/o Shrikishanji Kalantri ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.P.J.P. Dubey, Advocate for the Applicant. CORAM: URMILA JOSHI-PHALKE, J.

DATED : 6th FEBRUARY, 2026 1.

By this Application, the Applicant is seeking suspension of sentence.

2.

The Applicant has challenged the judgment and order passed by the Judicial Magistrate First Class, Court No.4, Amravati in S.C.C. No. 2706/2011 and confirmed in Criminal Appeal No.188/2022 by which the Applicant is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to suffer simple imprisonment for eight months and to pay compensation of Rs. 10 Lakhs to the complainant and in default to suffer simple imprisonment for two months.

3.

Heard learned Counsel for the Applicant who submitted that in the Appellate Court he has already deposited 20% of the cheque amount. He further submitted that, the Revision would take its own time for its final

2 47.APPR.9-2026.odt disposal. He has also pointed out from the impugned judgment that he has many arguable points in the present Revision.

4.

In view of that, the Application for suspension of sentence deserves to be allowed. Accordingly, I proceed to pass the following order:-

O R D E R

i.

Criminal Application (APPR) No. 9/2026, is hereby allowed.

ii.

The execution and implementation of the sentence passed in S.C.C. No. 2706/2011 and confirmed in Criminal Appeal No.188/2022, is hereby suspended till the disposal of the Revision.

iii.

The Applicant - Damodar S/o Radhakrishna Zanwar, shall be released on bail on executing P.R. Bond in the sum of Rs.25,000/- with one solvent surety in the like amount.

CRIMINAL REVISION APPLICATION NO. 12 OF 2026 1.

Issue notice to the Non-applicant.

2.

Call R & P.

3.

List the matter after receipt of the R & P.

(URMILA JOSHI-PHALKE, J.) SD. Bhimte Signed by: Mr.S.D.Bhimte Designation: PA To Honourable Judge Date: 09/02/2026 15:11:32