1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL REVISION APPLICATION NO.541 OF 2010 WITH CRIMINAL APPLICATION NO.410 OF 2010 Saifulla Hawaldar Khan ...Applicant. v/s. Janseva Co-operative Credit Society Ltd. & Anr. ...Respondents. Mr. M.G.Shukla ,adv. For the Applicant. Mr. B.K.Raje, adv. For the Respondent No.1. Ms U.V.Kejriwal, APP for the R.No.2/State. CORAM : J.H. BHATIA, J. DATED : MAY 2, 2011. P.C. 1 Heard the learned counsel for the Parties. 2 Respondent no.1 before this Court is the original complainant and the applicant was accused in case under Section 138 of the Negotiable Instruments Act. According to the complainant, accused had taken loan of Rs.1,50,000/- and in part payment, he had issued cheque of Rs.51,318/-. However, that cheque was dishonoured and in spite of service of statutory notice, he failed to repay the amount. After trial, the learned Metropolitan Magistrate, 33rd Court, Ballard Pier, Bombay convicted the accused for the offences punishable under Sections 138 of the N.I. Act and sentenced him to R.I. for six months 2 and to pay fine of Rs.60,000/- and in default to pay fine to suffer S.I. for two months. Out of the fine amount, an amount of Rs.55,000/- was to be paid to the complainant as compensation. In the appeal filed by the accused, conviction under Section 138 of the N.I.Act was maintained but the sentence was reduced to S.I. for three months and to pay fine of Rs. 60,000/-. 3 After perusal of the record, I am not inclined to interfere as far as the order of conviction is concerned. The learned counsel, the applicant, prays for leniency in the matter of sentence of imprisonment. According to him, applicant was taken in custody on 30.11.2010 when his appeal was dismissed by the Sessions Court and was in custody till he was released on bail by this Court by an order dated 13.12.2010 and according to the learned counsel, the applicant was actually released on 21.12.2010. It means that he was in custody for 21 days. The learned counsel for the applicant also states that amount of Rs.20,000/- is deposited before the Appellate Court and further amount of Rs.55,000/- was deposited before this Court. The learned counsel for the respondent admits that respondent/complainant has also filed civil suit for recovery of loan amount. Taking into consideration the above circumstances, in my opinion, purpose will be served if the fine and the compensation 3 amount is slightly increased and sentence of imprisonment is reduced to period as already undergone. 4 For the aforesaid reasons, while revision application is partly allowed, the conviction for the offences under Section 138 of the N.I.Act is maintained. Sentence stands modified thus: Accused/Applicant is sentenced to undergo imprisonment as already undergone and to pay fine of Rs.75,000/-. If that fine amount is realised, an amount of Rs.70,000/- shall be paid to the complainant. As the learned counsel for the applicant states that total amount of Rs. 75,000/- is already deposited, he need not be taken into custody again. Complainant/respondent shall be allowed to withdraw an amount of Rs. 55,000/- from this Court and also an amount of Rs.15,000/- from the appellate Court. An amount of Rs.70,000/- shall be adjusted against the claim of the respondent/complainant in the civil suit. 5 As the revision application is finally disposed off, criminal application no.410 of 2010 does not survive and stands disposed off accordingly. (J.H. BHATIA,J.)