JUDGMENT Heard learned Counsel Mr. P.A. Rajurkar for the applicant. 2. Admit, Heard finally at the stage of admission. 3. The non-applicant has not appeared though she has been served. The applicant, in fact, was ready to settle the dispute amicably. This was indicated by the applicant on earlier date also. Therefore, this Court, by order dated 18th April, 2012, had issued fresh notice to the non-applicant and it was directed that the non-applicant should be intimated that the applicant is ready and willing to settle the dispute amicably. However, the non-applicant had not responded to the said notice. Therefore, this Court on 10th September, 2012 had directed that fresh notice shall be dispensed with as the non-applicant had already been served. 4. The applicant has been convicted by the learned Judicial Magistrate First Class, Chandur Railway for the offence punishable under Section 138 of the Negotiable Instruments Act. The cheque amount was Rs. 40,000/-. The learned Magistrate has sentenced the applicant to undergo simple imprisonment for a period of two months and to pay a fine of Rs 40,000/-, in default to suffer further simple imprisonment for one month. It was directed by the learned Magistrate that the fine amount of Rs. 40,000/-, if paid by the applicant, shall be given to the non-applicant by way of compensation. The applicant has deposited Rs. 40,000/- in the trial Court after the judgment. Thereafter the applicant filed an appeal before the Sessions Court. The Sessions Court, however, dismissed the appeal filed by the applicant. As such the applicant is before this Court by way of revision application. 5. When the revision application was taken up for hearing today, the non-applicant was found to be absent. It appears that she has not engaged any lawyer to represent her in the present proceedings. The learned counsel for the applicant has submitted that the applicant has deposited Rs. 10,000/- in this Court pursuant to the order passed by this Court on 25th October, 2011. The learned Counsel for the applicant has submitted that this Court may consider to modify the sentence imposed by the learned trial Court and maintained by the appellate Court. It is submitted that the applicant is ready to pay a fine of Rs. 50,000/-, which may be given to the non-applicant by way of compensation. As already stated, amount of Rs. It is submitted that the applicant is ready to pay a fine of Rs. 50,000/-, which may be given to the non-applicant by way of compensation. As already stated, amount of Rs. 50,000/- has already been deposited by the applicant (Rs 40,000/- in trial Court. and Rs. 10,000/- in this Court). 6. After having heard the learned Counsel for the applicant and after having gone through the facts of the case and amount of cheque, I am of the view that the submissions made by the learned counsel for the applicant are acceptable. Hence, I pass the following order. The revision application is partly allowed. The judgment and orders of the trial Court and the appellate Court are modified as under: The applicant is convicted of the offence punishable under Section 138 of the Negotiable Instruments Act and is sentenced to suffer simple imprisonment till rising of this Court and to pay a fine of Rs. 50,000/-. The amount of Rs. 40,000/- has already been deposited by the applicant in trial Court and he has deposited Rs. 10,000/- in this Court. The said amount of Rs. 50,000/- shall be treated to be fine amount paid by the applicant. The fine amount shall be paid to the non-applicant by way of compensation. The non-applicant be intimated by the Registry of this Court that the revision application has been disposed of and she is at liberty to apply for withdrawal of the amount deposited by the applicant. Revision application stands disposed of accordingly. Revision partly allowed.