In criminal revision applications challenging convictions under the Negotiable Instruments Act, the court may suspend the sentence of imprisonment subject to the deposit of a specified percentage of the cheque amount.

ORAL ORDER

1. Heard, learned advocate for the applicant.

2. By way of present Criminal Revision Application, the applicant has assailed the concurrent findings of the learned Courts below i.e. judgment and order dated 06.10.2025 passed by the Learned 2nd Additional Chief Judicial magistrate Bhavnagar in Criminal Case No. 8391/2023 and the judgment and order dated 04.02.2026 passed by the Sessions Judge, Bhavnagar in Criminal Appeal No. 222/2025 whereby, the applicant is convicted for the offence under Section 138 of the Negotiable Instruments Act, 1881 (for short “NI Act”) and sentenced to imprisonment.

3. This revision application is filed mainly on the ground that both the Courts below have committed error in not appreciating the evidence as regards that the fact that there was no legally enforceable debt on the present applicant and applicant was having an arguable case. Even, keeping aside the aforesaid submissions, learned advocate for the applicant, under the instructions from the applicant, has stated that applicant is ready and willing to deposit 40% of the cheque amount with the trial Court concerned and accordingly, it is urged that pending present revision application, sentence imposed upon the applicant may be suspended and the applicant may be enlarged on bail.

4. Considering the above, issue Rule, returnable on 09.04.2026. Learned Additional Public Prosecutor waives service on behalf of respondent – State.

4.1 Subject to the applicant depositing 40% of the cheque amount within a period of four weeks from the date of his actual release with the trial Court concerned, the sentence imposed upon the applicant herein vide judgment and orders impugned in this revision application is suspended pending present revision application. The applicant be released on bail by executing a personal bond of Rs.10,000/- (Rupees Ten Thousand) with one surety of the like amount to the satisfaction of the trial Court concerned, on the conditions that applicant:

(a) shall not take undue advantage of liberty or misuse liberty;

(b) shall not leave India without prior permission of this Court;

(c) shall furnish the present address of his residence with documentary evidence to the Court concerned at the time of execution of the bond;

(d) shall proceed with the Criminal Revision Application as and when listed and shall not prolong the hearing of the same.

5. Needless to observe that in case of non-deposit of the aforesaid amount, the interim protection of suspending the sentence of imprisonment shall stand automatically withdrawn without reference to this Court.

6. Direct service is permitted.