FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL WRIT PETITION NO.1882 OF 2009 WITH CRIMINAL WRIT PETITION NOS.1883/2009, 1884/2009, 1886/2009 TO 1892/2009 & 1563/2009 TO 1572/2009. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr.K.H.Holambe Patil for petitioners in Cri.W.P. Nos.1882/2009 to 1884/2009 & 1886/2009 to 1892/2009. Mr.Ketan Joshi i/b.Yogesh P. Yagnik for resp. in Cri.W.P. Nos.1882/2009 to 1884/2009 & 1886/2009 to 1892/2009. Mr.Yogesh P. Yagnik for petitioners in Cri.W.P. Nos.1563/2009 to 1572/2009. Mr.K.H.Holambe Patil for resp.no.1 in Cri.W.P. Nos.1563/2009 to 1572/2009. Mr.A.S.Adsule, A.P.P. for State in in Cri.W. Nos. 1882/2009, 1563/2009 to 1566/2009. Mr.S.R.Shinde, A.P.P. for State in Cri.W.P.Nos. 1567/2009 to 1571/2009. Mr.P.A.Pol, P.P. for State in Cri.W.P. Nos. 1572/2009, 1883/2009, 1884/2009, 1886/2009 & 1887/2009. Mrs.P.P.Bhosale, A.P.P. for State in Cri.W.P. Nos. 1888/2009 to 1892/2009. CORAM : B.R. GAVAI, J. DATE : FEBRUARY 16, 2010. P.C.: Some of the Petitions are filed by the original accused and some are filed by the original complainant. -: 2 :- 2. The complainant had filed complaints under section 138 of the Negotiable Instruments Act. The learned Metropolitan Magistrate’s 14th Court at Girgaum, Mumbai, had decided the said complaints thereby convicting the accused for the offence punishable under section 138 and sentencing him to suffer simple imprisonment till rising of the Court and directing payment of compensation of Rs.5,000/-. Challenging the said order, revision applications have been filed by the complainant as well as the accused. By the impugned order, the learned revisional Court has found that the sentence which was imposed by the learned Magistrate was not adequate and, therefore, remanded the matter back to the learned Magistrate with a direction for awarding the appropriate sentence, after hearing the parties. 3. The learned revisional Court has given cogent and sound reasons as to why the remand is necessary in the matter. In that view of the matter, no perversity is found in the impugned order. Hence, all the petitions are dismissed. Taking into consideration the fact and circumstances of the case, the learned -: 3 :- Magistrate is directed to decide the matter regarding imposing fresh sentence within a period of three months from today, after giving an opportunity of hearing to both the parties. 4. Certified copy expedited. B.R. GAVAI, J.