1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CRIMINAL REVISION APPLICATION NO. 177 OF 2010 Suresh S/o Rambhau Pawar ..APPLICANT -VERSUS- The State of Maharashtra and another ..RESPONDENTS Mr. S.J. Salunke, Advocate for applicant. Mr. T.S. Lodhe, A.P.P. for respondent no.1. Mr. S.S. Shinde, Advocate for respondent no.2. CORAM : A.V. NIRGUDE, J. DATE : 11th October, 2010. PER COURT : 1. This revision is filed against the concurrent findings of facts of both the Courts below that the accused-applicant has committed an offence punishable under Section 138 of the Negotiable Instruments Act and is convicted for not only undergoing the substantive sentence of one month but to pay fine of Rs.2,000/- and also to pay compensation of Rs. 1,50,000/-, which was double the amount of disputed cheque. The applicant’s Advocate urged the Court to reduce the rigour of sentence as well as the amount of compensation. He said that the applicant has already deposited fine amount of Rs. 2,000/- and in addition, the applicant also deposited Rs. 80,000/- in this Court. He said, the applicant is agriculturist and required the amount for repaying other loans, which his client has taken from the persons who charged him more interest. Besides, I am told that the applicant is a marginal farmer, having two kids and parents. I am further told that the applicant has already undergone 11 days of imprisonment 2 before he could come to this Court and get bail. 2. The learned Advocate appearing for the respondent- complainant opposed the move and insisted that the amount of compensation at least should not be disturbed because the cheque had failed in 1996 and the respondent-complainant has so far not received even rupee. Having regard to this grievance, which is not unrealistic, I am inclined to reduce the amount of compensation. In my view, the respondent-complainant should be able to recover Rs. 20,000/- more, over the amount of cheque, in view of delay that has occurred in causing repayment of amount of dues. 3. In view of these circumstances, I am inclined to pass the following order: (a) The amount of compensation is reduced to Rs. 97,000/-. The remaining amount of compensation (Rs. 15,000/-) shall be deposited in the Lower Court or shall be paid to the respondent- complainant directly within three weeks. In case of default, the applicant shall undergo S.I. for 10 days. (b) The amount deposited by the applicant in this Court shall be handed over to the respondent-complainant or his Advocate. 4. The Criminal Revision Application is partly allowed. (A.V. NIRGUDE) JUDGE gas/crira177.10