1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR CRI. REVISION APPLICATION NO. 121 OF 2009 Ankush s/o Ruprao Shinde Vs. Dhananjay s/o Bhauraoji Aawathe and other ----------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders Mr. Syed Riyazuddin, Advocate for the applicant. None for the respondent. CORAM:- R. Y. GANOO, J. DATED :- 10th AUGUST, 2009. 1. The petitioner faced trial under Section 138 of the Negotiable Instruments Act in the Court of Judicial Magistrate First Class Court No.4, Amravati in Summary Criminal Case No.4477/2007. The said case was launched by the respondent No.1 in regard to the cheque which came to be issued by the petitioner in favour of the respondent No.1 for the sum of Rs.10,000/-. The learned Judicial Magistrate First Class, Court No.4, Amravati by judgment and order dated 11th April, 2007 convicted the petitioner sentencing him to suffer simple imprisonment for three months and ordered that compensation of Rs. 15,000/- should be paid. 2. Being aggrieved by the said order the petitioner filed appeal in the District Court bearing Criminal Appeal No.57/2007 and the learned 2nd Additional Sessions Judge, Amravati by his judgment 2 and order dated 28th April, 2009 confirmed the order of conviction under Section 138 of the Negotiable Instruments Act and on consideration of the record, he modified the order regarding sentence and directed that the petitioner to suffer simple imprisonment of 15 days and pay compensation of Rs.15,000/- . Being aggrieved these two orders the petitioner has approached this Court in revisional jurisdiction. 3. I have extensively heard the learned Advocate Mr. Syed Riyazuddin appearing for the petitioner. Both the Courts have rendered concurrent finding as regards the fulfillment of the requirement of Section 138 of the Negotiable Instruments Act and that the learned Additional Sessions Judge has shown leniency in so far as question of sentence is concerned. 4. It was argued before this Court that the impugned cheque was given by way of a security to the respondent No.1. The petitioner claims that the petitioner and respondent No.1 are running the business of sale of books and petitioner had purchased certain books from the respondent No.1 and impugned cheque was given by way of a security. Except stating that, the impugned cheque was given by way of a security, no other material is placed before the Court to show that the said cheque was given by way of a security. There is a specific 3 mention in the order passed by the learned Judicial Magistrate First Class, Court No.4, Amravati that in the course of statement under Section 313 of the Criminal Procedure Code, the petitioner has admitted to have issued the cheque in discharge of his liability. He has also admitted that the said cheque was dishonoured for want of ‘sufficient funds’ and he has also admitted his failure to pay the cheque impugned within the prescribed period of time after the receipt of the notice. This stand rendered by the petitioner while giving answers to question under section 313 of the Criminal Procedure Code is clearly indicates the fact that the respondent No.1 has made out a case against the petitioner. 5. Both the Courts have considered the entire record in the proper perspective and have arrived at the proper findings. 6. The learned Additional Sessions Judge has shown leniency and has imposed the simple imprisonment for 15 days and compensation of Rs. 15,000/- is ordered to be paid. In my view, no interference is required in the impugned judgment in the revisional jurisdiction of this Court as the observations and the findings are proper. Hence the petition is required to be disposed of. Hence the following order. 4 a. The petition is dismissed at the stage of admission. b. The petitioner to surrender to his bail in view of the aforesaid order dismissing the petition. JUDGE pma.