1408crra239.08.odt 1/2 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRIMINAL REVISION APPLICATION NO. 239 OF 2008 Rajesh Nagorao Kuyate vs. Ramdas Devraoji Choudhary & State of Maharashtra ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------- Mr. GG Mishra, Advocate for the Applicant. Mr. DB Yengal, APP for respondent No.2-State. None for respondent No. 1. CORAM:- R. Y. GANOO, J. DATED :- 14TH AUGUST, 2009. 1. The applicant was convicted by the learned Judicial Magistate, First Class in Criminal Case No. 280 of 2002 under Section 138 of the Negotiable of Instruments Act. The applicant was directed to suffer simple imprisonment for six months and to pay compensation of Rs. 50,000/- to respondent No. 1. That order was challenged by the applicant in Sessions Court by way of an appeal and Criminal Appeal No. 1 of 2007 came to be decided by the learned Additional Sessions Judge by judgment and order dated 04/11/2008. By that order the applicant was sentenced to suffer simple imprisonment till rising of the Court which the applicant suffered it. The applicant was further directed to pay compensation of Rs. 60,000/-, failing which to suffer simple imprisonment for two months. 1408crra239.08.odt 2/2 2. It is informed that the applicant has deposited Rs. 20,000/- while preferring the appeal. The Court is further informed that the applicant has undergone two months’ imprisonment as he could not complied with the order of total deposit of Rs. 60,000/-. The learned Advocate for the applicant, therefore, submitted that the application has become infructuous. 3. I have considered the point. The applicant challenged the order passed by the learned Additional Sessions Judge dated 04/11/2008 which has become infructuous. The compensation amount was payable to respondent No. 1 to the extent of Rs. 60,000/- out of which Rs. 20,000/- has been deposited in the appellate Court. The said amount is required now to be paid to respondent No. 1. Hence, the following order: i) Application is disposed of as it has become infructuous. ii) Amount of Rs. 20,000/- lying in the Court of Additional Sessions Judge, Amravati in Criminal Appeal No. 1 of 2007 be paid over to respondent No. 1, without security or guarantee. iii) Application stands disposed of in the above terms. JUDGE wwl