RAVINDRA Vs. SAU SHOBHA

JUDGEMENT

(1.) Heard learned Counsel Mr. P.A. Rajurkar for the applicant. Admit. Heard finally at the stage of admission.

(2.) The non-applicant has not appeared though she has been served. The applicant, in fact, was ready to settle the dispute amicably. This was indicated by the applicant on earlier date also. Therefore, this Court, by order dated 18th April, 2012, had issued fresh notice to the non-applicant and it was directed that the non-applicant should be intimated that the applicant is ready and willing to settle the dispute amicably. However, the non-applicant had not responded to the said notice. Therefore, this Court on 10th September, 2012 had directed that fresh notice shall be dispensed with as the non-applicant had already been served.

(3.) The applicant has been convicted by the learned Judicial Magistrate First Class, Chandur Railway for the offence punishable under Section 138 of the Negotiable Instruments Act. The cheque amount was Rs. 40,000/-. The learned Magistrate has sentenced the applicant to undergo simple imprisonment for a period of two months and to pay a fine of Rs. 40,000/-, in default to suffer further simple imprisonment for one month. It was directed by the learned Magistrate that the fine amount of Rs. 40,000/-, if paid by the applicant, shall be given to the non-applicant by way of compensation. The applicant has deposited Rs. 40,000/- in the trial Court after the judgment. Thereafter the applicant filed an appeal before the Sessions Court. The Sessions Court, however, dismissed the appeal filed by the applicant. As such the applicant is before this Court by way of revision application.