1 Cri.Rev.Appln.No.205/2009 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO. 205 OF 2009 Sau.Archana Milind Tamhane ...Applicant vs. Mr.Shatrughna Eknath Thorat & Anr. ...Respondents Mr.M.S. Karnik for the Applicant. Mr.Anilkumar Patil for Respondent No.1. Ms.S.V. Gajare, APP for Respondent No.2. CORAM : J.H. BHATIA, J. DATED : AUGUST 13, 2010 P.C. :- 1 Heard the learned Counsel for the parties. 2 The applicant had issued a cheque of Rs. 1,90,000/- in favour of the respondent-complainant. The cheque was dishonoured and in spite of notice, payment was not made. The respondent filed the criminal complaint under Section 138 of the Negotiable Instruments Act which was registered as 2 Cri.Rev.Appln.No.205/2009 Criminal Case No.8443/2005. After trial, the trial court convicted the accused-applicant under Section 138 and sentenced her to undergo Simple Imprisonment for three months and to pay a compensation of Rs.2 lakhs. The appeal against the conviction and sentence was dismissed. When the revision came up for hearing, after some discussion, with consent of the learned Counsel for both the parties, who are also present before the court, the revision application is allowed in respect of the sentence only and the order of sentence stands modified as follows :- The accused/applicant Archana Milind Tamhane is convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and is sentenced to undergo imprisonment till rising of the court and to pay amount of Rs.2,76,000/- as compensation to the respondent complainant. Out of the same, amount of Rs.2,00,000/- is already 3 Cri.Rev.Appln.No.205/2009 deposited before the trial court and the balance amount shall be deposited by her in two equal instalments of Rs.38,000/- payable on or before 15th September, 2010 and 15th October, 2010. The respondent-complainant shall be allowed to withdraw the compensation amount which is already deposited as well as the amount which is to be deposited. 4 The accused-applicant, who is present before the court undertakes to deposit the amount before the trial court as per the direction. 5 The revision application shall stand disposed of, accordingly. (J.H. BHATIA, J.)