SANTOSH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. With the consent of the learned counsel for the parties taken up for final hearing.

(2.) Shri M.R.Sonawane, advocate filed the Vakalatnama for respondent no.2 and same is taken on record. Moreover, the applicant and respondent no.2 herein have filed the compromise purshis for compounding the offence and same is also taken on record and marked as document 'X' collectively.

(3.) The applicant i.e. original accused has filed the present Criminal Revision Application challenging the conviction and sentence imposed upon him by way of judgment and order dated 16.1.2007, rendered by learned Judicial Magistrate, First Class, Purna, in S.C.C. No. 323 of 2006, thereby convicting him for the offence punishable under Section 138 of the Negotiable Instruments Act and sentencing him to suffer rigorous imprisonment for six months and to pay fine of Rs.1,000/, in default of payment of fine, to suffer further simple imprisonment for ten days; and also assailing the judgment and order, dated 28.6.2011, passed by the learned Sessions Judge, Parbhani, in Criminal Appeal No. 13 of 2007 filed by the applicant, thereby modifying the judgment and order of the Trial Court and convicting the applicant herein for the offence punishable under Section 138 of the Negotiable Instruments Act and sentencing him to suffer rigorous imprisonment for three months and to pay fine of Rs.80,000/and also directing that after recovery of the said fine amount, an amount of Rs.73,000/be paid to the complainant from the said amount as compensation and also directing that the balance amount of Rs.7,000/therefrom, be confiscated to the State as fine amount.