IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1207 OF 2008. WRIT PETITION NO.1207 OF 2008. WRIT PETITION NO.1207 OF 2008. M/s. P.N. Pande & Brothers. ..Petitioner. versus Shri Dhananjay Trimbak Noghojkar & Anr...Respondents. .... Mr.Vilas B. Tapkir, for the Petitioner. Mr.R.S.Apte, i/b. Shri Girish Paryani, for the Respondent No.1. Mr.Y.S.Shinde, APP, for the Respondent No.2. .... CORAM CORAM CORAM : A.S. OKA, J. : A.S. OKA, J. : A.S. OKA, J. DATE DATE DATE : 25TH AUGUST,2008. : 25TH AUGUST,2008. : 25TH AUGUST,2008. P.C. 1. This Writ Petition has been filed by invoking Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure, 1973. The Petitioner was arraigned as an accused in a complaint filed by the first Respondent under section 138 of the Negotiable Instruments Act, 1881. The complaint ended in conviction of the Petitioner. A Revision Application was filed by the first Respondent (original Complainant) seeking enhancement in sentence. By the impugned order dated 10th April 2008, the order passed by the learned Additional Sessions Judge in so far as it relates to quantum of - 2 - sentence was set aside and a limited order of remand was passed directing the learned Trial Court to decide the question of quantum of punishment and the compensation afresh after hearing both the parties. 2. Thus, the learned Magistrate will have to hear the Petitioner and the first Respondent and will pass appropriate order regarding the sentence and /or compensation. In so far as order of conviction is concerned, there is no challenge by the Petitioner. The order of conviction was not challenged by the Petitioner probably because the sentence awarded was of simple imprisonment till rising of the Court and in default thereof a fine of Rs.5,000/-. If after the order of remand, higher sentence and /or compensation is awarded, an opportunity will be available to the Petitioner to challenge the order of conviction and sentence. 3. It is obvious that all the issues as regards question of quantum of compensation and the quantum of punishment will remain open to be decided by the learned Magistrate. 4. No case is made out for invoking - 3 - extra-ordinary jurisdiction under Article 227 of the Constitution of India. Power under section 482 of the said Code has to be exercised sparingly and in very rare case. 5. Subject to what is observed in paragraphs 2 and 3 above, the Writ Petition is rejected. [ A.S.OKA, J.] A.S.OKA, J.] A.S.OKA, J.]