Saikrupa Associates and Developers through prop Dharmendra… — Cheque Dishonour | Bombay HC (2025)

Saikrupa Associates and Developers through prop Dharmendra… — Cheque Dishonour | Bombay HC (2025)

What the court decided

AI extract

Outcome

Criminal Application No.107/2025 allowed: execution of the sentence (imprisonment and compensation) suspended till final disposal of Criminal Revision Application No.73/2025; applicant released on bail on P.R. Bond of Rs.25,000/- with one surety in the like amount; application disposed of; revision admitted with notice to non-applicants, call for R&P and listing after preparation of the paper book.

Issue for consideration

Whether, pending final disposal of Criminal Revision Application No.73 of 2025 against the conviction under S.138 NI Act, the execution of the sentence should be suspended and the applicant released on bail. +1 more

Court's answer

Execution of the sentence passed in S.C.C. No.9791/2017 and confirmed in Criminal Appeal No.98/2021 dated 05/06/2024 is suspended till final disposal of the revision.

Ratio / Principle

Applicant Dhramendra Babulal Reddy is to be released on bail on executing a P.R. Bond of Rs.25,000/- with one surety in the like amount.

Key takeaways

Criminal Revision Application No.73 of 2025 is admitted.ratio¶20
Notice is to be issued to the non-applicants in the revision application.ratio¶21
Call for R. & P. (record and proceedings).ratio¶22

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Detailed headnote1 paragraphs

Interim relief in revision — S.138 NI Act conviction (Bombay HC, Nagpur Bench; Urmila Joshi-Phalke, J.; 09-05-2025): Applicant (proprietor of Saikrupa Associates and Developers), convicted by the 21st Chief Judicial Magistrate and Civil Judge Senior Division, Nagpur in S.C.C. No.9791/2017 under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to simple imprisonment for three months with compensation of Rs.1,25,854/-, the sentence having been confirmed by the Additional Sessions Judge, Nagpur in Criminal Appeal No.98/2021 dated 05/06/2024, sought suspension of sentence pending disposal of Criminal Revision Application No.73/2025. Noting that the applicant had already deposited 20% of the amount before the trial Court and had arguable points in the revision, the Court allowed the application: execution of the sentence stands suspended till final disposal of the revision, and the applicant is to be released on bail on executing a P.R. Bond of Rs.25,000/- with one surety in the like amount. The revision application was admitted, notice ordered to the non-applicants, R&P called for, and the matter directed to be placed before the Court after preparation of the paper book.

1

54.appr.107.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION 107 OF 2025 IN

CRIMINAL REVISION APPLICATION NO.73 OF 2025

(Saikrupa Associates and Developers thr. Prop. Dhramendra Babulal Reddy Vs. Manish Laxmanrao Kohale and anr.)

Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order

Mr. N.K. Alwani, Advocate for the applicant.

CORAM:- URMILA JOSHI-PHALKE, J. DATED :- MAY 9, 2025.

By this application, the applicant is challenging the judgment passed by the 21^st Chief Judicial Magistrate and Civil Judge, Senior Division, Nagpur by which the applicant is convicted of the offence punishable under Section 138 of the Negotiable Instrument Act, 1881 and sentenced to suffer Simple Imprisonment for three months and compensation of Rs.1,25,854/-. The same is confirmed by the Additional Sessions Judge, Nagpur in Criminal Appeal No.98/2021.

Learned Counsel for the applicant submitted that the applicant has already deposited 20% of the amount before the trial Court. The revisions would take its own time for its final disposal. The applicant has many arguable points in the present revision. In view of that, the execution of the sentence be suspended and the appellant be released on bail. Accordingly, I proceed to pass the following order:

2

54.appr.107.25.odt

(i) The application is allowed.

(ii) The execution of the sentence passed by the 21^st Chief Judicial Magistrate and Civil Judge Senior Division, Nagpur in S.C.C. No.9791/2017 and confirmed by the Additional Sessions Judge, Nagpur in Criminal Appeal No.98/2021 dated 05/06/2024 is hereby suspended till final disposal of the revision.

(iii) The applicant – Dhramendra Babulal Reddy be released on bail on executing P.R. Bond in the sum of Rs.25,000/- (Rs. Twenty Five thousand) with one surety, in the like amount.

The application stands disposed of.

CRIMINAL REVISION APPLICATION NO.73 OF 2025

Heard.

ADMIT .

Issue notice to the non-applicants.

Call for R. & P.

Place the revision application before the Court after preparation of the paper book.

*Divya

(URMILA JOSHI-PHALKE, J.)