1 MNM IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL REVISION APPLICATION NO.427 OF 2009 M/s.Sanquelim Investments Pvt. Ltd. & Anr. ...Applicants Vs. Dr.Mohan Bhave State & Anr. ...Respondents Mr.P.H.H.Ponda, i/b. Aarkey Legal, Advocate for the Applicants MR. Y.M.Chaudhary, Advocate for the Respondent Mrs.A.A.Mane, A.P.P for the State CORAM: SMT.ROSHAN DALVI, J. DATED: 19TH DECEMBER, 2009 OPERATIVE ORDER: For the reasons recorded separately in the judgment following order is passed:- 1.The conviction must, therefore, be maintained. The only concession that can be shown to the company would be to defer the sentence of imprisonment for a reasonable time until the complainant is fully compensated on account of the loss caused to the complainant by not only the dishonour of the cheque, but upon the defence which is dishonest and moonshine. 2 2.The amount of the cheque of Rs.5,50,000/- has been deposited. 3.The reasonable amount that can be calculated for the loss of profit and for the agony of litigation would be Rs.5,00,000/-. 4.If the company deposits in this Court Rs.5,00,000/- within 4 weeks from today the substantive sentence upon conviction of the imprisonment of accused No.4 as the Director of the company shall be set aside. If the company fails to deposit the said amount within 4 weeks from today, the accused No.4 Mr. Sameet @ Sumit @ Sameer Hede, shall be taken in custody to serve the sentence imposed upon him by the lower Court. 5.The complainant shall be entitled to withdraw Rs. 5,50,000/- already deposited in the Court by the company. 6.The complainant shall also be entitled to withdraw the further sum of Rs.5,00,000/- to be deposited. 7.The Criminal Revision Application is disposed off accordingly. [SMT.ROSHAN DALVI, J.]