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2014 DIGILAW 434 (BOM)

Mohan v. Jan Kalyan Nagari Sahakari Pat Sanstha Ltd.

2014-02-18

M.L.TAHALIYANI

body2014
Judgment 1. Heard learned Counsel Shri C.F. Bhagwani for the applicant and learned Additional Public Prosecutor Shri A.K. Bangadkar for non-applicant No.2. 2. Admit. Heard finally by consent of the learned Counsel appearing for the parties. 3. The applicant has been convicted by the learned Judicial Magistrate First Class, Washim for the offence punishable under Section 138 of the Negotiable Instruments Act and is sentenced to suffer simple imprisonment for three months and to pay a fine of Rs.22,500/-. The learned Magistrate has directed that amount of Rs.21,000/- shall be paid to non-applicant No.1 (original complainant) by way of compensation. The said judgment and order of the learned Magistrate was assailed in an appeal before the learned Sessions Judge. The appeal has been dismissed and therefore, the present revision application has been filed. 4. Learned Counsel Shri C.F. Bhagwani for the applicant is heard. None for non-applicant No.1. Learned Additional Public Prosecutor Shri A.K. Bangadkar for non-applicant No.2/ State is heard. I have gone through the judgment and order of the learned Magistrate. The amount of cheque in question was Rs.15,276/-. The cheque was issued in the year 2006. The judgment and order of the learned Magistrate has been delivered in the year 2007. The judgment and order of the learned appellate Court has been delivered in the month of September 2013. In view of the lapse of time between the date of issuance of cheque and the judgment and order delivered by the appellate Court and in view of a very meagre amount of cheque, I am inclined to modify the order as under. The revision application is partly allowed. The sentence of simple imprisonment for three months is set aside. The applicant is directed to pay a fine amount of Rs.25,000/-. The amount of fine as a whole (Rs.25,000/-) shall be paid to non-applicant No.1 (original complainant) by way of compensation under Section 357 of the Criminal Procedure Code. At this stage, it is stated by Shri C.F. Bhagwani that the applicant has already deposited Rs.22,500/- in the trial Court. He is, therefore, directed to deposit the balance amount of Rs.2,500/- within a period of one week from today. Non-applicant No.1 shall be at liberty to withdraw the amount of Rs.25,000/- immediately thereafter. The revision application stands disposed of accordingly.