Cr. Revision 164 of 2010 07.10.2010 Present: Mr. Haresh Sood, Advocate, for the petitioner. Cr. Revision No. 164 of 2010 Notice of this petition was ordered to be issued to the respondent, but no process fee has been filed by the petitioner, herein. The petitioner is aggrieved by his conviction under Section 138 of the Negotiable Instrument Act by the learned trial Court alleging that the petitioner herein had issued a cheque for a sum of Rs. 40,000/- for valuable consideration to the respondent. On conclusion of the trial, the learned Court convicted the petitioner herein and sentenced him to undergo simple imprisonment for three months and to pay a fine of Rs. 55,000/-. These findings have been affirmed by the learned Appellate Court. I am not persuaded myself to take a different view than that of the Courts below, who have examined the evidence on record in detail. The grounds as set out in the petition do not make out any case for interference and to exercise the powers under Sections 397 and 401 of the Code of Criminal Procedure. In these circumstances, this petition is dismissed. On the question of sentencing, a prayer is made by learned counsel appearing for the petitioner that sentence of imprisonment as imposed upon the petitioner be set aside. Keeping in view the facts and circumstances of the case, the sentence of imprisonment is set aside subject to the condition that he shall deposit the compensation and fine amount as directed before the learned trial Court within a period of eight weeks from today, failing which, the sentence of imprisonment shall revive. On deposit the entire compensation, as ordered, shall be paid to the respondent. Learned counsel appearing for the petitioner submits that an amount of Rs. 30,000/- already stands paid. If that be so, this amount shall be deducted from the fine amount already imposed, which shall be determined by the learned trial Court. Petition stands disposed of. All interim orders stand vacated. October 07, 2010 (Dev Darshan Sud), ms Judge