1 SNS IN THE HIGH COURT OF JUDICATURE AT MUMBAI APPELLATE CRIMINAL JURISDICTION CRIMINAL REVISION APPLICATION NO.483 OF 2010 Shivajirao V. Jadhav ...Applicant. v/s. The State and Anr. ...Respondents. Mr. D.V.Sutar ,adv. For the Applicant. Mr. P.S.Hingorani, APP For the Respondent/State. Shri Chetan G. Patil, adv. For the R.No.2. CORAM : J.H. BHATIA, J. DATED : APRIL 13, 2011. P.C. 1 This application is filed by the original accused challenging his conviction for the offences punishable under Sections 138 of the Negotiable Instruments Act and sentence of R.I. For six months and to pay compensation of Rs.1 lac in Summary Criminal Case no.422 of 2003. 2 Heard the learned counsel. Case is based on the cheque dated 26.4.2003 for an amount of Rs.93,000/-. Applicant has deposited an amount of Rs.50,000/- in June, 2007 and an amount of Rs.43,000/- in November, 2010 before the Sessions Court. After some discussion at the bar, the learned counsel for the respondent has no objection if the sentence is modified. 2 3 Therefore, with consent, the revision application is partly allowed in following terms: (i) Conviction under Section 138 of the Negotiable Instruments Act is maintained . However, the accused/applicant is sentenced to pay fine of Rs.1,45,000/- and in default to undergo S.I. For three months. (ii)Out of the fine amount, amount of Rs.140,000/- shall be paid to the respondent no.2/complainant. Accused has already deposited an amount of Rs.93,000/- before the Sessions Court. He will deposit the balance amount before the Sessions Court within six weeks from this date. If amount is so deposited, the complainant shall be allowed to withdraw the amount as per the above directions. 6 Revision Application stands disposed off accordingly. (J.H. BHATIA,J.)