NASIR Vs. YOGESH SURENDRA SINGH BAIS

JUDGEMENT

(1.) Present revision is against the judgment of learned Additional Sessions Judge, Nagpur by which Criminal Appeal No. 185/2007 filed by the accused came to be dismissed and revision application filed by complainant viz. Criminal Revision Application No. 606/2007 is partly allowed and directed the accused to undergo simple imprisonment of two months for the offence punishable under Sec. 138 of the Negotiable Instruments Act as per the order of trial Court and to pay compensation of Rs.60,000.00 to the complainant.

(2.) Heard learned counsel Shri Chougule holding for learned counsel Shri Harode for the applicant (hereinafter referred to as 'accused'). He has submitted that accused is ready to pay Rs.60,000.00. Learned counsel has submitted that there is a discretion to the Court to award fine or sentence or both as per Sec. 138 of the Negotiable Instruments Act.

(3.) Heard learned Additional Public Prosecutor Shri Gangane for the non-applicant no. 2. He has supported the impugned judgment.