1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL REVISION APPLICATION NO.151 OF 2008 Sanjay B. Magdum ...Applicant. v/s. Hiralal B. Botre and Anr. ...Respondents. Mr. Indrajeet Joshi ,adv. For the Applicant. Mr. Rahul Kulkarni, adv. For the Respondent No.1. Smt. U.V.Kejriwal, APP for the State. CORAM : J.H. BHATIA, J. DATED : APRIL 13, 2011. P.C. 1 Heard the learned counsel for the parties and perused the impugned judgments. 2 The present applicant was convicted for the offences punishable under Section 138 of the Negotiable Instruments Act and was sentenced to undergo R.I. of five years and to pay amount of Rs. 40,000/- as compensation to the complainant. Appeal filed by the applicant was dismissed. 3 Prosecution case as per the complainant/respondent no.1 is that the applicant/accused had taken hand loan of Rs.35,000/- and for repayment of the same, he had issued cheque amounting to Rs.35,000/-. Cheque was dishonoured for want of sufficient funds and in spite of 2 service of notice, payment was not made. The learned counsel for the applicant contends that applicant had deposited an amount of Rs.10,000/- before the Sessions Court at Ichalkaranji and has also deposited the amount of Rs.40,000/- with this Court and thus, he has already deposited an amount of Rs.50,000/-. The learned counsel did not press to challenge the conviction of the applicant but he prayed for leniency in respect of sentence of imprisonment. As per the record, applicant was taken in custody on 27.2.2008 when his appeal was dismissed by the Sessions Court and was released on 3.3.2008 by this Court. Thus, he was in custody for five days. The learned counsel for the applicant prays that compensation may be reasonably enhanced and the sentence of imprisonment may be reduced to as undergone. 4 Taking into consideration the facts and circumstances and the amount involved, I pass the following order: 5 Revision Application is partly allowed. While conviction under Section 138 is maintained, applicant is sentenced to undergo imprisonment as already undergone and to pay amount of Rs.60,000/- as compensation to the complainant. Applicant has already deposited an amount of Rs.50,000/- as stated above. He shall deposit the balance amount of Rs.10,000/- within two weeks before this Court. Complainant 3 shall be allowed to withdraw amount deposited with the Sessions court as well as the amount deposited with this Court. 6 Revision Application stands disposed off accordingly. (J.H. BHATIA,J.)