Suspension of sentence and grant of bail in revision applications under Section 138 of the Negotiable Instruments Act, 1881, upon the deposit of a portion of the cheque amount.

ORDER

1. RULE

. Learned Additional Public Prosecutor waives service of notice of Rule on behalf of respondent–State.

2. By way of this application, the challenge is given to the concurrent findings of conviction and sentence passed under Section 138 of the Negotiable Instruments Act, 1881.

3. Learned advocate for the applicant submits that 20% of the cheque amount has already been deposited before the learned Appellate Court. Learned advocate for the applicant also produces before this Court a copy of the receipt of the above payment. It was, therefore, prayed that the present application may be allowed and the sentence qua the applicant herein may be suspended and the applicant be granted bail.

4. Learned Additional Public Prosecutor prayed that no discretion may be exercised in favour of the applicant.

5. Heard learned advocates appearing for the respective parties and perused the material on record. Taking into consideration the facts and circumstances of the case and when 20% of the cheque amount has been deposited before the learned Appellate Court and when the Revision Application will take its own time to come for final hearing, the order of sentence requires consideration.

6. In view of the above, the order of sentence dated 08.08.2025 passed by the learned Chief Judicial Magistrate, Modasa, Aravalli in Criminal Case No.2370 of 2023, which was upheld and confirmed by order dated 24.04.2026 passed by the learned Sessions Judge, Aravalli at Modasa in Criminal Miscellaneous Application (Delay) No.124 of 2026 are suspended till disposal of the Revision and the applicant is ordered to be released on bail on executing a personal bond of Rs.10,000/- (Rupees Ten Thousand Only) and a surety of like amount to the satisfaction of the Trial Court concerned and subject to the conditions that the applicant shall:-

[a] pursue the matter scrupulously as and when the same is listed;

[b] not take undue advantage of liberty or misuse liberty;

[c] not leave India without prior permission of the Court;

7. Direct service is permitted. Registry to communicate this order to the concerned Court/authority by Fax or Email forthwith.