1 Cri.Revn.Appln.No.40.07 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO.40/2007. (Vinayak s/o Pandurang More Vs. Trimbak s/o Venkatrao Patil and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr. ML Dharashive, Adv. for Respondent No.1; Mr.NB Patil APP for State. *** CORAM : K.U.CHANDIWAL ,J. DATE : 10 th February, 2011. ... 1) Heard Mr.Dharashive for Respondent No. 1(original complainant). Perused the record. 2) Proceedings under Section 138 of Negotiable Instruments Act, were initiated by Respondent No.1 against the petitioner. It culminated in conviction by order dated 15.2.2006 recorded by learned JMFC, Ausa. It was challenged in Criminal Appeal No.5/2006 before the learned Sessions Judge. The learned Sessions Judge upheld the conviction recorded by the trial Court, but the sentence imposed on the appellant/petitioner was set aside and the matter was remitted to the learned JMFC to hear both the sides and pass appropriate sentence in the matter. 2 Cri.Revn.Appln.No.40.07 3) Accused petitioner had taken a defence that matter has been amicably settled. The learned JMFC sentenced the accused/petitioner for six months imprisonment, did not consider, discuss effect of Section 357 Cr.P.C. for compensation. Proper effect to the object of legislative intent, under Section 138 of Negotiable Instruments Act, was expected from learned JMFC. 4) Considering the above controversy of the matter and since there operates stay in the proceedings from 9.2.2007, the order of learned Additional Sessions Judge does not call for interference. The learned JMFC shall independently decide in the light of observations made in Criminal Appeal No. 5/2006 by the learned Additional Sessions Judge and pass appropriate orders. Consequently, criminal revision is dismissed. The parties to appear before the learned JMFC on 16th March, 2011. (K.U.CHANDIWAL) JUDGE bdv/