KISHORKUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By consent of the learned Counsel for the parties, admitted and heard finally. It was already indicated to this Court on the last date of hearing that, there existed a possibility of the matter being settled.

(2.) Today, it is submitted by the learned Counsel for the applicant that, the applicant would not challenge the correctness of the conviction recorded by the learned Magistrate, and upheld by the Court of Sessions. He, however, submitted that the sentence imposed upon the applicant is rather harsh. The applicant has been sentenced to suffer simple imprisonment for a period of 4 months, and additionally, he has been directed to pay a compensation in the sum of Rs. 1,50,000/-, which is the cheque amount. It is submitted before me that, the applicant has already undergone about 10 to 12 days imprisonment after his appeal was dismissed by the Court of Sessions. It is submitted that, it would be just and proper if the substantive sentence imposed upon the applicant is reduced to the period already undergone, and if the amount of compensation is suitably enhanced.

(3.) The learned Counsel for the respondent No. 2 - the original complainant -submits that, the respondent No. 2 has no objection to reduce the substantive sentence, if the Court is inclined to increase the amount of compensation made payable to the respondent No. 2. I am informed by the learned Counsel for the parties that, in principle, it has been agreed between them that, the applicant shall pay a compensation of Rs. 1,75,000/-, to the respondent No. 2, i.e. an additional sum of Rs. 25,000/-, over and above the sum ordered by the Magistrate, to be paid as compensation. The learned Counsel for the applicant states before me that, the petitioner would be depositing the enhanced amount of fine/compensation, as may be awarded by this Court, within a period of two weeks from today, in the trial court.