1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR CRIMINAL APPLICATION NO. 3932/2007 M/s. Goyal Iron and Steel Corporation ..vs.. M/s. Kulkarni Engineering Associates Ltd. and 2 others -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- CORAM: R. V. MORE, J. DATED : 3 rd July, 2008 1. Heard Mr. Bhangde, learned counsel for the applicant and Mr. Dharmadhikari, leaned counsel for the non applicants. 2. The application takes exception to the order dated 14.08.2007 passed by learned Ad hoc Assistant Sessions Judge- 7, Nagpur in Criminal Appeal No. 178/2007 whereby sentence imposed on the non applicants was suspended subject to the non applicants' depositing an amount of Rs.75,000/- in cash towards compensation. 3. The main grievance of Mr. Bhangde, learned counsel for the applicant is that the non applicants are convicted for the offence punishable under Section 138 of the Negotiable Instruments Act and sentenced to undergo simple imprisonment 2 for one year and in addition to this they are also directed to pay compensation equal to the cheque amount to the applicant, who is complainant, within a period of two months in default to undergo simple imprisonment for three months, however, by the impugned order, this sentence is suspended subject to non applicants' depositing an amount of Rs. 75,000/- only, though the amount of cheque is Rs. 9,00,000/- approximately. It is further submitted by Mr. Bhangde, that no reasons in support whatsoever are given in the impugned order and, therefore, the impugned order does not stand to the scrutiny of law. 4. Mr. Dharmadhikari, learned counsel for the non applicants submitted a pursis dated 03.07.2008. By filing this pursis, it is pointed out that the non applicants are willing to deposit 1/5th amount of total amount of cheque, which includes the amount of Rs. 75,000/- already deposited in pursuance of the impugned order. 5. Mr. Bhangde, learned counsel for the applicant, makes a statement that if 1/5th of the total amount of cheque is 3 deposited by the non applicants, then the applicant has no grievance as such. 6. In that view of the matter, the impugned order dated 14.08.2007 passed by Ad hoc Assistant Sessions Judge-7, Nagpur is modified as follows:- (a) The amount of Rs. 75,000/- which is directed to be deposited is enhanced to the tune of 1/5th of the total amount of the cheque. Rest of the order is not disturbed. (b) The non applicants shall deposit balance amount within a period of two months from today. (c) In the interest of justice, Ad hoc Assistant Sessions Judge-7, Nagpur is directed to hear and dispose of Criminal Appeal No. 178/2007 as expeditiously as possible and in any event within a period of four months from the date of receipt of this order. (d) The application stands disposed of accordingly. JUDGE kahale