vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO.2286 OF 2007 WRIT PETITION NO.2286 OF 2007 WRIT PETITION NO.2286 OF 2007 Ganapati Vithoba Mhatre ... Petitioner V/s. Mohanrao Shinde Sah. Sugarcane Cutting & Transport Sanstha Ltd. & Anr. ... Respondents Ms.Leena Patil for Petitioner Mr.P.D. Pise for Respondent No.1 Ms.A.A. Mane, APP, for State CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J. MHATRE, J. MHATRE, J. DATED: JUNE 25, 2008 JUNE 25, 2008 JUNE 25, 2008 P.C.: P.C.: P.C.: . The petitioner has filed the present petition challenging the order passed by the Sessions Court while suspending the sentence. The appeal has been admitted. However, while suspending the sentence, the Sessions Court has directed payment of the compensation in 11 equal installments each which would be Rs.15,000/- and the remaining amount as the 12th installment. The compensation which has been awarded is Rs.1,78,000/-. The cheques which were allegedly dishonoured were worth Rs.1,76,897/-. The petitioner has admittedly deposited only one installment of Rs.15,000/-. 2. Bearing in mind the judgment of the Supreme Court in Dilip S. Dahanukar v/s. Kotak Mahindra Co. Ltd. reported in 2007 ALL MR (Cri) 1775 (SC) 2007 ALL MR (Cri) 1775 (SC) 2007 ALL MR (Cri) 1775 (SC), in my view, the condition imposed by the Sessions Court on : 2 : depositing the entire amount in installments is onerous. The petitioner cannot be made to deposit an unreasonable amount in order to defeat his application for suspension of sentence as failure to deposit this amount would entail him being arrested. 3. In my view, in the facts and circumstances of the case, an additional amount of Rs.15,000/- be deposited within a period of four weeks from today. In the event this amount is deposited, the sentence will stand suspended. 4. Petition is disposed of accordingly.