1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.450 OF 2009 Virendra Shivaji Patil. Petitioner. V E R S U S The State of Maharashtra and others. Respondents. Shri G.K. Kshirsagar, Advocate for the petitioner. Learned APP for State R-1. Shri D.B.Toke, Advocate for the respondent No.2. CORAM : V .R. KINGAONKAR, J. DATE : 7TH AUGUST, 2009. PER COURT :- 1. Heard. 2. Petition is directed against the order rendered by the learned Sessions Judge whereby the order of sentence is not interfered with. The petitioner filed a private complaint case for offence under section 138 of the Negotiable Instruments Act. The cheque issued by the respondent No.2 was for Rs.40,000/- and had bounced. The learned Magistrate convicted the respondent No.2. He was sentenced to suffer R.I for four months and to pay fine of Rs. 3,000/- in default to suffer R.I for one month. The petitioner challenged the order of the learned Magistrate to the extent of sentence on the ground that it was inadequate. The learned Sessions Judge noticed that the respondent No.2 2 had undergone the sentence of imprisonment for about four and half months including a part of the sentence in default of the payment of fine. The respondent No.2 (accused) did not prefer any appeal against the order of conviction and sentence. The award of sentence is within discretion of the trial Court. Merely because cheque was for Rs.40,000/- it is not necessary that the sentence shall be more as per expectation of the petitioner/complainant. Learned Sessions Judge considered that though the respondent No.2 was ready and willing to pay entire amount, the petitioner was not ready to accept the same. The learned Sessions Judge also considered the fact that due to poor financial condition, the respondent No.2 was unable to pay said amount shown under the cheque. In this view of the matter, the discretionary order of the Courts below need not be interfered with the exercise of supervisory jurisdiction under Article 227 of the Constitution. Hence, petition is dismissed. ( V. R. KINGAONKAR , J. ) ..... aaa/450.09