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Bombay High Court
Rajesh Savlaram Chikhalkar vs State Of Maharashtra And Anr on 25 March, 2026
Digitally signed
by LAXMIKANT
2026:BHC-AS:14285
LAXMIKANT GOPAL
GOPAL CHANDAN
CHANDAN Date: (912) APL-253.26.DOCX
2026.03.25
21:03:35 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO.253 OF 2026
Rajesh Savlaram Chikhalkar : Applicant
Versus
State of Maharashtra & Anr. : Respondents.
______________________________________________________
Mr. Babu Singh a/w Adv. Vikashchandra Mishra for the
Applicant.
Mrs. P P Bhosale, APP for the Respondent/State.
Mr. Sunil Chandrakant Kadam - Respondent No.1 present.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 25 March 2026
PC:-
1. Heard Mr. Babu Singh, learned Advocate for the
Applicant, Mrs. P. P. Bhosale, learned APP for the
Respondent/State and Mr. Sunil Chandrakant Kadam -
Respondent No.2 in person.
2. Mr. Sunil Chandrakant Kadam states that he is an
advocate by profession and the original complainant in Case
No.1241/SS/2016. He states that he has been served with the
notice issued by this Court and craves leave to appear in
person. He tenders his photo identity card which is taken on
record and marked as "X" for identification.
(912) APL-253.26.DOCX
3. Mrs. P. P. Bhosale, learned APP for the Respondent/State,
does not object to the request made by Mr. Sunil Chandrakant
Kadam.
4. By the present Application the Applicant has sought for
the following substantive relief :-
(a) Be please to extend the time to deposit 20% of the
cheque amount as interim and ad-interim reliefs as per
order dated 29.03.2025 in Criminal Misc. Application
No.2367/2024, by a further period of four weeks in the
interest of Justice."
5. The facts relevant to the adjudication of the present
Application are that the Applicant is an accused in Case
No.1241/SS/2016. The Judicial Magistrate First Class, 07th
Court, Dadar, Mumbai, by judgment and order dated 19
October 2024 convicted the Applicant herein for the offence
punishable under Section 138 of the Negotiable Instruments
Act, 1881. Sentence of three months simple imprisonment
along with compensation of Rs.8,79,000/- was also awarded.
6. The Applicant has filed Criminal Appeal bearing No.682
of 2024 before the Sessions Court at Greater Bombay. The
Sessions Court at Greater Bombay has passed the following
order on the application seeking suspension of sentence filed
by the Applicant which is registered as Criminal M.A. No.2367
of 2024 :-
"Order
The impugned dated 19.10.2024 in C.C. 1241/SS/2016
by Ld. M. M. 07th Court, Dadar, Mumbai is hereby stayed
subject to depositing 20% of compensation amount
towards interim compensation within 60 days. If, the
(912) APL-253.26.DOCX
conditional order is not complied then suspension would
stand revoked/vacated automatically without further
reference of this Court.
Hence Criminal Miscellaneous Application No.2367 of
2024 is disposed of accordingly."
7. Mr. Babu Singh, learned Advocate for the Applicant,
submits that it was on account of a personal difficulty that the
deposit of 20% as ordered by the Sessions Court in Criminal
M.A. No.2367 of 2024 could not be made within time,
resulting in the Applicant being taken in custody. He submits
that the Applicant as on date is in Arthur Road Jail. He
submits that the Applicant has now arranged the amount and
made the payment of Rs.175800/- (i.e. 20% of the
compensation) to the Respondent No.2.
8. The Respondent No.2 who is present in Court admits the
receipt of Rs.175800/- and tenders a copy of the pursis dated
23 March 2026 which is taken on record and marked as "X"
for identification.
9. Mrs. P. P. Bhosale, learned APP for the Respondent/State,
submits that though the order dated 29 March 2025 makes a
reference to deposit of 20% of the compensation, it is silent as
to whether same has to be deposited in the Court or paid to
the Respondent No.2. She however submits that the Applicant
having paid the amount of Rs.175800/- (20% of the
compensation amount) which fact is admitted by the
Respondent No.2, the time as granted in the order dated 29
March 2025 can be extended.
(912) APL-253.26.DOCX
10. The Respondent No.2 states that he has no objection for
extension of the time for the said deposit as the amount of
Rs.175800/- is paid to him.
11. Considering the aforesaid facts as stated by Mr. Babu
Singh, the learned Advocate for the Applicant, the
submissions made by the Mrs. P. P. Bhosale, learned APP, the
no objection given by the Respondent No.2, the amount of
Rs.175800/- (20% of the compensation) being paid by the
Applicant to the Respondent No.2 which is in terms of the
order dated 29 March 2025, the time period of 60 days as was
granted by the order dated 29 March 2025 stands extended
till the date the payment was made.
12. In view of the payment of the amount of Rs.175800/-,
there is a compliance with the order dated 29 March 2025
passed in Criminal M. A. No.2367 of 2024.
13. Mr. Babu Singh states that he would comply with the
other requirements, if any, of furnishing bail/bond etc. for
release of the Applicant.
14. In view of above, this Application is allowed in terms of
prayer clause (a).
15. Criminal Application No.253 of 2026 is disposed of.
(ASHWIN D. BHOBE, J.)
