1 crn242-09CH IN THE HIGH COURT OF JUDICATURE AT MUMBAI CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.242 OF 2009 IN CRIMINAL REVISION APPLICATION NO.387 OF 2008 WITH CRIMINAL APPLICATION NO.335 OF 2008 IN CRIMINAL REVISION APPLICATION NO.387 OF 2008 WITH CRIMINAL REVISION APPLICATION NO.387 OF 2008 Piyush Bhupendra Mod. ..Applicant Versus Meena Piyush Modification and others. ..Respondents. .... Ms.Seema Sarnaik, Advocate for the Applicant. Mr.K.V. Saste, A.P.P. for the State. .... CORAM : A.R.JOSHI, J. DATED : 01st JULY, 2010 [IN CHAMBER, 2:30PM] 2 crn242-09CH P.C. 1. Present matter is brought before this Court by the Office in view of the order passed by the another Bench (A.S.Oka,J.) dated 28th April, 2009. 2. Earlier this Court passed a conditional self-operative order dated 3rd April, 2009 on the application for condonation of delay bearing Criminal Application No.335 of 2008 in Criminal Revision Application No.387 of 2008. In para-3 of the said order, specific directions were given to the applicant to deposit Rs.1 lakh with the office of the Court towards the arrears of maintenance which was total Rs. 2,49,000/-. On such deposit of Rs.1 lakh within one month from the date of the order i.e. one month from 3rd April, 2009, the delay of 370 days days in preferring Criminal Revision was to be condoned. On failure of deposit of such amount within the stipulated time, the delay condonation application was to stand dismissed without further reference 3 crn242-09CH to the Court. 3. As on today, it is revealed from the learned Advocate Smt.Sarnaik for the applicant that the said conditional order was not complied. However, it is submitted that earlier Rs. 30,000/- were deposited by the applicant in view of the order passed by another Bench (Smt.V.K.Tahilramani,J.) dated 14th October, 2008. On deposit of said Rs.30,000/- stay was granted for a limited period. Infact, the effect of the order dated 14th October, 2008 has merged in the later order passed by this Court dated 3rd April, 2009. 4. In view of the present situation as to non-compliance of the order dated 3rd April, 2009, the delay condonation Application No.335/2008 and consequently Revision Application No.387/2008 were already dismissed. 5. So far as the amount deposited with the office of the Court Rs.30,000/- is concerned, apparently it is deposited by 4 crn242-09CH the applicant to obtain stay and it was the amount due and payable out of arrears of the maintenance to be payable to the respondent Smt.Meena Modi and her two daughters. As such, office to take appropriate steps concerning disposal of the said amount. Consequently, Criminal Application No.242 of 2009 preferred on behalf of the applicant is accordingly disposed of. (A.R.JOSHI,J.)