IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION APPLICATION NO.328 OF 2008 IN REVISION NO.252 OF 2000 Kartar Singh Dhillon .. Applicant V/s. Jagjit Singh Dhenotra & Anr. .. Respondents None for the Applicant. Ms.S.D.Shinde, A.P.P.for the State. CORAM : A.R.JOSHI, J. DATED : MARCH 31ST, 2009. P.C. Heard the learned A.P.P. Ms. Shinde for the State. 2. Initially in the year 1994, the present Respondent No.1 original complainant filed complaint against the accused for taking action under section 138 of Negotiable Instruments Act. Said case was concluded in conviction of the accused sentencing him for 1 rigorous imprisonment for one year and to pay fine of Rs.5,000/- and in default of payment of fine to suffer simple imprisonment for three months. Said conviction was challenged by the accused in the year 1998 being Criminal Appeal No.66 of 1998 before the 4th Additional Sessions Judge, Thane. Said Appeal came to be dismissed on 2nd August, 2000. Thus, against such dismissal of the Appeal in the year 2000 criminal Revision No.252 of 2000 came to be filed before this Court by original accused. It was disposed of by this Court by order dated 22nd April, 2008. Said order was conditional order by which the earlier conviction under section 138 of Negotiable Instruments Act was maintained but the sentence was modified. Substantive sentence of one year imprisonment was taken away and fine was imposed to the extent of Rs.1,25,000/- to be deposited within certain period and on realization of said fine directions were given that on Rs.1,10,000/- to be given to the original complainant and Rs.15,000/- shall go to State exchequer. In the first paragraph of said Judgment and order of this Court it is mentioned that if applicant fails to deposit the fine amount, he shall surrender his bail and in that case the learned Trial Magistrate, Thane shall issue non bailable warrant for his arrest and Applicant shall undergo simple imprisonment for one year. It appears that by this order on failure of the original accused to deposit the total fine amount of Rs.1,25,000/- , he would undergo the sentence of one year as imposed by the J.M.F.C.,Thane. 2 3. Secondly, criminal Application No.328 of 2008 came to be preferred before this Court on 11th August, 2008 asking for extension of time to deposit the amount of Rs.1,25,000/-. Time was asked for further period of one week only. It appears that this Court on 20th August, 2008 passed an order granting the time to deposit Rs.1,25,000/- before the Trial Court by 26th August, 2008 and on such undertaking, non bailable warrant issued against the Appellant by the Trial Court was stayed till 12th September, 2008 on which day the matter was stand over. Since then, there is nothing before this Court to ascertain whether the amount of fine as awarded while disposing of the criminal Revision No.250 of 2000 was paid by the original accused present, Applicant. In that event, the original directions given by this Court dated 22nd April, 2008 shall review. Needless to mention that trial Magistrate shall properly deal with the Applicant accused in view of such earlier directions issued. 4. With these observations, present criminal Application No.328 of 2008 stands disposed of. Trial Magistrate to take appropriate action in view the order passed in Criminal Revision Application No.252 of 2000, as earlier mentioned. 5. This Application is, accordingly, disposed of. (A.R. JOSHI, J.) 3