A criminal revision under Section 138 NI Act. The applicant sought reduction of imprisonment and fine. The court reduced imprisonment to the period undergone but maintained the fine, allowing set-off of amounts deposited.
Imprisonment reduced to period undergone; fine maintained with adjustment of deposited amounts.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
CRIMINAL REVISION APPLICATION NO.81 OF 2013
KHEMA RAMA RATHOD.
... APPLICANT.
VERSUS
THE STATE OF MAHARASHTRA AND ANOTHER.
... RESPONDENTS.
Advocate for Applicant : Mr. Rakh Arun V. APP for Respondent No.1: Mr.P.N.Muley.
Advocate for Respondent No.2 : Mr.V.B. Jadhav h/f Mr. V D Hon.
CORAM : ABHAY M. THIPSAY, J. Dated: October 18, 2013.
P.C.:
Heard Mr.Rakh, learned Counsel for the applicant,
Mr. Muley, learned A.P.P. for Respondent No.1 and Mr.
Jadhav learned Counsel for respondent No.2.
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forthwith.
would not press the revision application on merits with respect to the conviction recorded by the learned Magistrate and maintained by the Court of Sessions. He submits that the applicant has already undergone imprisonment for a period of one month and twenty-four days and that, the applicant would be satisfied if, the substantive sentence imposed upon him is reduced to the period already undergone. He also prays that since the cheque amount
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was only of Rs.1,54,448/-, the amount of fine also may be
reduced and may be made equivalent to the amount of cheque.
of the substantive sentence but, the amount of fine may not be reduced.
Court. These amounts can be adjusted towards amount of
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fine. Some time may be granted to the applicant to deposit
balance amount of fine.
8. In the result, the revision application is partly allowed.
The conviction of the applicant, as recorded by the learned Magistrate and upheld by the Court of Sessions, is maintained. However, the substantive sentence imposed upon the applicant is reduced to the period already undergone. The sentence of fine is maintained. The amount of Rs.1,11,000/- deposited by the applicant, be adjusted towards the amount of fine payable by the applicant. The applicant shall pay the balance amount of fine, within a period of one month from today, failing which, the learned Magistrate shall take appropriate steps to require the applicant to undergo proportionate default sentence.
The revision application is disposed of in the aforesaid terms.
(ABHAY M. THIPSAY, J.)
PLK/*
2 issues framed by the court
Whether the substantive sentence of imprisonment should be reduced to the period already undergone.
Whether the fine imposed under Section 138 of the Negotiable Instruments Act should be reduced.
1 provisions across 1 enactments
Khemavaramathod
The State Of Maharashtra
Abhay M. Thipsay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
