1 5-726-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.726 OF 2009 Mr. Ajay J. Sarvaiya .. Applicant (Orig. Accused) V/s. M/s. Thakker Enterprises & Another .. Respondents. Mr. Ashok Bhatia, for the Applicant. Mr. R.K.Bharuka, for Respondent No.1. Mr. S.A. Shaikh, A.P.P. for Respondent-State. CORAM : N.D.DESHPANDE, J. DATE : 30th MARCH, 2011. P.C.: 1 Heard both the sides. 2 This revision application is filed against order of conviction and sentenced both passed by the Sessions Court in Criminal Appeal No.189 of 2006 by the accused who has been held guilty by both the courts below for bouncing of his cheque. 2 5-726-09.sxw 3 As per the trial court’s order, he was directed to pay Rs.50,000/- plus interest from 23rd December, 1998 till its realization . The said order is maintained in the said appeal. The applicant at the outset did not deposit payment to the complainant, as per the order of the Sessions Court. He is scared of the impugned order of sentence of imprisonment for terms of one year and fine of Rs.5,000/-. Section 138 of Negotiable Instrument Act reads as under:- “ xxxxxxxxxx xxxxxxxxxx xxxxxxxxxx such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this Act, be punished with imprisonment for [a term which may be extended to two years], or with fine which may extend to twice the amount of the cheque, or with both.” 4 In my opinion, fine of Rs.5,000/- is sufficient punishment and would meet the ends of justice since applicant/ accused has already deposited the amount in the Appellant Court for payment to the complainant who also agreed for compounding of the offences which is also encouraged under section 147 of the Negotiable Instrument Act, which is reproduced below:- “ Offences to be compoundable – Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), every offence punishable under this Act shall be compoundable. 3 5-726-09.sxw 5 In the light of above stated facts, this Criminal Revision Application deserves to be allowed. 6 Criminal Revision Application is allowed. Impugned order of conviction is hereby quashed and set aside. 7 Accused/Applicant is hereby acquitted since complainant agreed for compounding and, therefore, Respondent-complainant shall be entitled to withdraw the amount of Rs.83,000/- which is deposited in the Sessions Court. 8 Criminal Revision Application is disposed off accordingly. (N.D.DESHPANDE, J.)