The High Court may modify the financial deposit conditions imposed by a lower appellate court for the suspension of sentence in cases of conviction under Section 138 of the Negotiable Instruments Act, based on the applicant's willingness and the circumstances of the case.

ORAL ORDER

Order in Criminal Revision Application

1. Heard, learned advocate for the applicant.

2. By way of present Criminal Revision Application, the applicant has assailed the judgment and order dated 27.01.2026 passed in Criminal Appeal No. 82 of 2025 by the learned 3rd Additional Sessions Judge, Jamnagar, only to the extent it imposes conditions to pay a cost Rs.80,000/- to the original complainant and to deposit Rs.19 lakh within two weeks from the date of the said order before the trial Court and the judgment and order dated 16.01.2025 passed in Criminal Case No. 8076 of 2024 by the learned 7th Additional Chief Judicial Magistrate, Jamnagar, 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 with a direction to pay compensation to the original complainant.

3. Having heard and considering the averments made in the present application, issue Notice for final disposal, returnable on 23rd April 2026. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of the respondent – State.

Order in Criminal Misc. Application

1. Heard the learned advocate for the applicant.

2. The applicant has filed the captioned revision application mainly on the ground that the learned first appellate Court ought not to have passed such a conditional order to set aside the judgment and order of conviction and sentence for the offence under Section 138 of the NI Act passed by the trial Court. It is submitted that the applicant has a strong prima facie case. Nonetheless, the learned advocate for the applicant has fairly conceded that the applicant has not deposited the amount as directed by the learned first appellate Court, however, on instructions, has submitted that the applicant is ready and willing to deposit Rs.11 lakh and also Rs.80,000/- towards cost inflicted by the learned first appellate Court, but, he requested that some time may be given. Accordingly, it is urged that this application may be allowed and the sentence imposed upon the applicant may be suspended pending the main revision application and the applicant be enlarged on bail.

3. Having heard and considering the averments made in the present application and that the applicant is ready and willing to deposit aforesaid amount, present application deserves consideration.

4. Accordingly, this application is allowed. Subject to the applicant depositing a total sum of Rs.11,80,000/- out of which, Rs.3,80,000/- shall be deposited at the time of executing bail bond and rest Rs.8 lakh within a period of three months thereafter, with the trial Court concerned, the sentence imposed upon the applicant herein vide judgment and order impugned in the main revision application is suspended pending 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. The applicant is directed to produce a copy of receipt of first tranch