1 WP-151-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL WRIT PETITION NO. 151OF 2010 Allahabad Bank ... Petitioner vs. State of Maharashtra & Anr. ... Respondents Mr. Pravin Patel a/w. Ms. Sulakshana Yadav,Advocate,i/b. Pradip Shukla & Co.Advocates for the petitioner. Ms. U.V.Kejriwal, APP, for the respondent No.1 State. CORAM: J.H.BHATIA,J. DATE : 24th March, 2011. P.C. 1. On the last date, the learned Counsel for the petitioner had taken time to take instructions whether this petition may be withdrawn in view of the nature of the prayer. 2. The petitioner, which is a Bank, had filed a case under Section 138 of the Negotiable Instruments Act. The accused had taken a housing loan from the Bank. After having taken loan, the accused made payment to the builder. The builder did not complete the construction and did not hand over possession of the flat to the accused. The accused paid some instalments. However, as the possession was not given to him, he was in some difficulties. The cheque issued 2 WP-151-10.sxw by him for repayment of Rs.32,000/- was dishonoured. Inspite of statutory notice, he failed to make payment. After trial, the trial Court convicted and sentenced him to pay fine of Rs.1500/- and in default to undergo simple imprisonment for six months. It appears that the trial Court had shown leniency in respect of of the sentence because of the above referred difficulties and because he is a Government employee and if he is awarded sentence of imprisonment, he would lose his job. 3. This petition was filed by the complainant to remand the matter back to the Magistrate to enhance the punishment and for awarding compensation under Section 357(3) of Cr.P.C. Once the trial Court had convicted the accused and awarded certain sentence, an appeal can be preferred for enhancement of the sentence, but there is no provision in law to remand the matter to the trial Court with a direction to enhance the punishment. Therefore, the writ petition with the said prayer is not tenable in law. 4. Hence, the Writ Petition stands dismissed. (J.H.BHATIA,J.)