Shaikh Gani Mohammad Ismail vs Sahara Traders and Building… — Cheque Dishonour | Bombay HC (2026)

Shaikh Gani Mohammad Ismail vs Sahara Traders and Building… — Cheque Dishonour | Bombay HC (2026)

What the court decided

AI extract

Outcome

Suspension of the sentence of three months' simple imprisonment and fine of Rs. 2,30,000/- till final disposal of the Application, subject to deposit of 25% of the fine amount on or before 04.05.2026 (failing which the order stands vacated) and furnishing of bail before the trial Court on or before 30.04.2026 with affidavit filed in this Court (failing which a non-bailable warrant will issue); Criminal Application disposed of and Revision listed for 05.05.2026.

Issue for consideration

Whether the sentence of three months' simple imprisonment and fine of Rs. 2,30,000/- imposed on the applicant for the offence under Section 138 NI Act should be suspended till the disposal of the Revision Petition.

Ratio / Principle

Having considered the nature of the litigation and the findings in the impugned judgment and order, it was appropriate to suspend the sentence awarded by the JMFC on 05.03.2019 and confirmed by the Sessions Court on 09.01.2026 in Appeal No. 22/2019, till final disposal of the Application.

Key takeaways

The Application is allowed as prayed, subject to deposit of 25% of the fine amount in this Court on or before 04.05.2026, failing which the order shall stand vacated.ratio¶¶16
The Applicant shall furnish bail before the learned trial Court on or before 30.04.2026 and file his affidavit of furnishing the bail in this Court, failing which a non-bailable warrant will be issued against him.ratio¶¶17

Detailed headnote1 paragraphs

Bombay High Court (Aurangabad Bench), Abhay J. Mantri, J., 21 April 2026 - Criminal Application No. 1419 of 2026 in REVN/131/2026 (with Criminal Revision Application No. 131 of 2026), Shaikh Gani Mohammad Ismail v. Sahara Traders and Building Material Suppliers Pathri (Owner Mohammad Javed Abdul Hamid Bagwan): Applicant, convicted under Section 138 NI Act by the JMFC in SCC No. 75/2018 (judgment and order dated 05.03.2019: three months' simple imprisonment and fine of Rs. 2,30,000/-), with the conviction confirmed by the learned Additional Sessions Judge - 1 in Criminal Appeal No. 22/2019 (order dated 09.01.2026), sought suspension of sentence pending disposal of his Revision Petition. Having been on bail during trial and appeal but not surrendering after the appellate order, the applicant obtained suspension of the sentence till final disposal of the Application, subject to deposit of 25% of the fine amount on or before 04.05.2026 (failing which the order stands vacated) and furnishing of bail before the trial Court on or before 30.04.2026 with affidavit filed in this Court (failing which a non-bailable warrant would issue). Application allowed and disposed of; Criminal Revision Application listed for 05.05.2026.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

CRIMINAL APPLICATION NO. 1419 OF 2026 IN REVN/131/2026 WITH

CRIMINAL REVISION APPLICATION NO. 131 OF 2026

SHAIKH GANI MOHAMMAD ISMAIL VERSUS

SAHARA TRADERS AND BUILDING MATERIAL SUPPLIERS PATHRI OWNER MOHAMMAD JAVED ABDUL HAMID BAGWAN

Advocate for Applicant : Mr. Narvade Patil Ravindra B.

CORAM : ABHAY J. MANTRI, J.

DATE : 21^ST APRIL, 2026

PER COURT :

Applicant / accused has moved this Application for suspension of order dated 09.01.2026 passed by learned Additional Sessions Judge – 1, in Criminal Appeal No. 22/2019 whereby confirming the judgment and order dated 05.03.2019 passed by the learned Judicial Magistrate First Class (for short, the ‘ JMFC’ ) in SCC No. 75/2018, thereby convicted him for the offence punishable under Section 138 of the Negotiable Instruments Act (for short the ‘ N.I. Act’ ), and he is sentenced to suffer simple imprisonment of three months and fine of Rs. 2,30,000/-, till the disposal of the Revision Petition.

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Heard learned Advocate for the Applicant and perused the impugned orders as well as the record.

At the outset, it appears that during the pendency of the trial and Appeal, the Applicant was on bail. However, after passing the order, he did not surrender himself to the Court but preferred this Revision Petition challenging the order passed by the learned Trial Court as well as the Appellate Court. The Revision is pending, and it will take its own time to be finally decided.

Having considered the nature of the litigation and finding recorded in the impugned judgment and order, in my view, it would be appropriate to suspend the sentence awarded by learned Judicial Magistrate First Class, vide judgment and order dated 05.03.2019, and confirmed by the learned Sessions Court vide judgment and order dated 09.01.2026, in Appeal No. 22/2019, till the final disposal of the Application subject to the Applicant to deposit 25% out of the fine amount in this Court on or before 04.05.2026.

As such, the Application is allowed as prayed, subject to the deposit 25% out of the fine amount in this Court on or before 04.05.2026 , failing which, this order shall stand vacated.

The Applicant shall furnish the bail before the learned trial Court on or before 30.04.2026 and file his affidavit of furnishing the bail

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in this Court, failing which, the non-bailable warrant will be issued

against him.

Criminal Application is disposed of.

List the Criminal Revision Application on 05.05.2026 .

( ABHAY J. MANTRI, J. )

SPC