[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.208 OF 2007 Shri.Dnyaneshwar Shankar More ..Petitioner Vs. Vivek M.Agrawal and Anr. ..Respondents ... Mr.C.T.Chandratre advocate for Petitioner Ms.A.A.Mane A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : OCTOBER 13, 2008 DATE : OCTOBER 13, 2008 DATE : OCTOBER 13, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner and the learned A.P.P. for the State. None appears for the respondent-original complainant though served. 2. The petitioner who is accused in SCC No. 251 of 2004 was absent on certain occasions and therefore, warrant was issued. Thereafter, the petitioner suo-motu appeared before the Court for cancellation of warrant. The learned Magistrate passed the order dated 18.1.2007 whereby, he cancelled the warrant subject to payment of Rs.15,000/- to the complainant or depositing it in [-2-] the Court on the same day and in case of failure, the petitioner be taken in judicial custody. As the petitioner/accused failed to make payment, he was taken in custody and he continued to be in jail till he came to be released on bail by this Court by order dated 8.2.2007. Thereafter the petitioner has been regularly attending the trial. 3. In my opinion, in the facts of this case, asking the petitioner to deposit Rs.15,000/- on the very same day is harsh. Normally no person carries cash of Rs.15,000/- with him. The petitioner is also not residing in the vicinity of the Court, hence, it would be impossible to deposit an amount of Rs.15,000/- on the very same day. Moreover, the cheque in question is for Rs.37,000/-, hence, direction to deposit Rs.15,000/- in this case, appears to be totally disproportionate and improper, hence, I am inclined to set aside the said order. 4. The order dated 18.1.2007 is set aside. It is made clear that the petitioner hereafter shall attend the trial Court on all dates and if there is any default on his part, it would be open to the [-3-] learned Magistrate to take steps in accordance with law. 5. Petition is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]