Anurag S/O Deepak Chandak v. Khandelwal Fine Chit Fund Pvt. Ltd. Paratwada

2026:BHC-NAG:3135

(1) 44.appr.31.2026

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CRIMINAL APPLICATION (APPR) NO.31 OF 2026 IN CRIMINAL REVISION APPLICATION NO.26 OF 2026 Anurag s/o Deepak Chandak Vs.

Khandelwal Fine Chit Fund Pvt Ltd., Paratwada through Manager -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders -------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. A. R. Sharma, Advocate for applicant.

CORAM : URMILA JOSHI-PHALKE, J.

DATED : 20/02/2026 1.

By this application, the applicant is seeking suspension of sentence as he is convicted of the offence punishable under Section 138 of the Negotiable Instruments Act in SCC No.1332/2015 and sentenced to suffer rigorous imprisonment of one year and to pay compensation of Rs.75,000/- to complainant. The same is confirmed in Criminal Appeal No.60/2022, however, the sentence was modified and reduced to one month simple imprisonment.

2.

Learned counsel for the applicant submitted that the applicant has every chance of success in the present revision application, but in the meantime, if the sentence is executed then the revision will become infructuous. In view of that, the execution of the sentence be suspended.

(2) 44.appr.31.2026 3.

On going through the submissions of the learned counsel for the applicant and on perusal of the impugned judgment from which she has pointed out that she has many arguable points, the application deserves to be allowed. In view of that, I proceed to pass following order:

ORDER

(i) The execution of sentence passed in SCC No.1332/2015 and in Criminal Appeal No.60/2022, is hereby suspended till disposal of the Criminal revision application.

(ii) The applicant shall be released on bail on executing PR bond of Rs.15,000/- with one solvent surety of like amount.

(iii) The applicant shall deposit remaining fine amount in this Court within two weeks.

(iv) The complainant shall not withdraw the amount without prior permission of this Court. Criminal application is disposed of.

CRIMINAL REVISION APPLICATION NO.26 OF 2026 1.

Issue notice to the non-applicant.

2.

Call for record and proceedings.

3.

Revision be listed after receipt of the record and proceedings.

(URMILA JOSHI-PHALKE, J.) Sarkate Signed by: Mr. A.R. Sarkate Designation: PA To Honourable Judge Date: 23/02/2026 20:30:00