[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.277 OF 2008 IN REVN.APPLN.NO.202 OF 2007 M/s.Shrirang Agro Chem.Pvt. Ltd. and Anr. ..Applicant Vs. State of Maharashtra & Anr. ..Respondents ... Mr.Rahul Tiwari i/b Mr.K.R.Tiwari and Co. for applicant Mr.H.J.Dedia A.P.P. for the State Mr.J.A.Udaipuri Advocate for Respondent no.2 ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : AUGUST 28, 2008 DATE : AUGUST 28, 2008 DATE : AUGUST 28, 2008 P.C. P.C. P.C. 1. Heard both sides. 2. By judgment and order dated 5.5.2006 the learned Metropolitan Magistrate, 20th Court, Mazgaon, Mumbai convicted the applicants-original accused nos.1 to 3 for the offence under Section 138 of Negotiable Instruments Act. Against the said judgment and order of conviction and sentence, the applicants preferred appeal before the Sessions Court. The said appeal came to be dismissed. [-2-] Being aggrieved thereby, Criminal Revision Application No.202 of 2007 came to be preferred by the applicants. The said matter was heard at length by this Court and by order dated 3.7.2008 after passing a detailed judgment, the revision application came to be dismissed and the applicants were directed to surrender before the trial Court within two weeks. 3. Now the applicants have preferred this application praying that the order of the learned Magistrate dated 5.5.2006 whereby they came to be convicted and sentenced under Section 138 of Negotiable Instruments Act, be modified. The applicants are seeking modification in the quantum of sentence imposed on them by the learned Magistrate. As stated earlier, by judgment and order dated 3.7.2008, after hearing both the sides at length, this Court dismissed the revision application preferred by the applicants. In this view of the matter, it is not possible for this Court to modify the order dated 5.5.2006 passed by the learned Magistrate, hence, the application is rejected. [-3-] 4. At this stage, the learned advocate for the applicants prayed that the applicants maybe granted time to surrender. When the order dated 3.7.2008 was passed, the applicants were directed to surrender before the trial Court within two weeks, however, till today, the applicants have not surrendered, hence, no case is made out to grant any further time to surrender, hence, the said prayer is rejected. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]