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2023 Supreme(Bom) 2214

G. A. SANAP
Vinod – Appellant
Versus
Shri Sunil – Respondent


Advocates appeared:
A.S.Mishrikotkar, Advocate, S.L.Kotwal, Advocate

JUDGMENT/ORDER

1. In this revision application, challenge is to the judgment and order dtd. 5/5/2017 passed by the learned Additional Sessions Judge-3, Nagpur, whereby the learned Additional Sessions Judge-3 dismissed the appeal filed by the applicant-accused, confirming his sentence for the offence punishable under Sec. 138 of the Negotiable Instruments Act, 1881 (for short 'N.I.Act').

2. The learned Judicial Magistrate, First Class, Nagpur, on conviction, had sentenced the accused to suffer simple imprisonment for six months and to pay compensation of Rs.1, 00, 000.00.

3. Heard the learned advocates for the applicant and the non-applicant.

4. Learned advocate for the non-applicant (original complainant) would submit that this court can set aside the order with regard to the substantive sentence. Learned advocate, however, would submit that the amount of compensation of Rs.1, 10, 000.00 deposited by the applicant in this Court may be ordered to be paid to the original complainant.

5. In my view, the submission is fair and reasonable. This revision application can be disposed of on merits by keeping in mind the submissions of the learned advocate for the original complainant.

6. The comp

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