1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL REVISION APPLICATION NO.392 OF 2010 WITH CRIMINAL REVISION APPLICATION NO.393 OF 2010 WITH CRIMINAL REVISION APPLICATION NO.394 OF 2010 WITH CRIMINAL REVISION APPLICATION NO.395 OF 2010 Sanjay B. Magdum ...Applicant. v/s. The State and Anr. ...Respondents. Mr. D.V.Sutar, ,adv. For the Applicant. Mr. P.S.Hingorani, APP For the Respondent No.1. Shri Sandeep Kekane i/by M.K.Kocharekar, advs. For the R.No.2. CORAM : J.H. BHATIA, J. DATED : APRIL 13, 2011. P.C. 1 Heard the learned counsel for the parties. Perused the record. These four revision applications are filed by the original accused challenging the conviction for the offences punishable under Section 138 of the Negotiable Instruments Act and sentence to undergo R.I. for six months and to pay compensation of Rs.1 lac in each case to the complainant, who is the respondent no.2 before this Court. According to the prosecution, the applicant had purchased Mercedes Car from the complainant and towards the repayment of the part of the price, he had issued four cheques of Rs.1 lac each. All the four cheques were 2 dishonoured for want of sufficient funds and in spite of statutory notices, the accused failed to make the payment. On basis of each cheque, four complaints were filed. After some discussion at the bar, with consent of the learned counsel, who had taken instructions from their clients, these revision applications stand disposed off with the following directions: (i) Conviction under Section 138 of the Negotiable Instruments Act in R.C.C. Nos.124 of 2007 and 141 of 2007, Summary Criminal Case Nos. 682 of 2002 and 683 of 2002 is maintained. However, sentence part of the order in each case stands modified as follows: (ii) Accused is sentenced to pay fine of Rs.1,90,000/- in each case and in default to pay fine, he shall undergo S.I. for three months in each case. After fine amount is recovered, amount of Rs.1,85,000/- in each case shall be paid to the complainant as compensation. (iii) Accused has already deposited an amount of Rs.4 lac with this Court. He shall deposit an amount of Rs.2 lac within four weeks from this date and the balance amount of Rs.1,60,000/- within four weeks thereafter. After the whole of the amount is deposited, Complainant shall be allowed to withdraw the amount as per this order. 2 Revision applications stand disposed off accordingly. (J.H. BHATIA,J.) 3