- 1 - 4008.10 rng IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.4008 OF 2010 Kailash Amarlal Lund .. Applicant/ Accused vs 1.Jagdish Gobindram Tejwani & anr Respondents/Complt Mr.P.R.Arjunwadkar for Applicant Mr.Anil G.Lalla for Respondent no.1 Mr.S.A.Shaikh APP for State of Maharashtra CORAM: N.D.DESHPANDE, J DATED: December 13, 2010 P.C. 1. Heard Mr.Arjunwadkar for the applicant- accused and Mr.Lalla for the Respondent no.1 2. The present proceedings arise out of two cheques bouncing case. A complaint was registered under section 138 of the Negotiable Instrument Act against the applicant-accused and - 2 - 4008.10 was tried by the learned trial court. The trial court convicted the applicant-accused and passed the following order on 27th July, 2010: 1. The accused Kailash Amarlal Lund is convicted u/s 255 (2) of the Code of Criminal Procedure, 1973 of the offence punishable u/s. 138 of the N.I.Act 1881 and sentenced to suffer simple imprisonment for 6 months (six months). 2. The Accused shall pay Rs.4,00,000/- (Rs.Four Lakhs only) to the Complainant as compensation u/s 357 (3) of the Code of Criminal Procedure 1973 within 30 days from the date of this order, in default to suffer simple imprisonment for 15 days. 3. The order of payment of compensation to the Complainant be executed after appeal period is over or if appeal is preferred then it would be subject to the decision in the appeal. 4. The Accused shall surrender his bail bond. 3. Feeling aggrieved by the said judgment and order, the petitioner-accused preferred an appeal before the Sessions Court, Kalyan being Criminal Appeal No.44 of 2010. The Appellate Court passed the following order dated 27th August, 2010 below Exhibit 4 in Criminal Appeal - 3 - 4008.10 NO.44 of 2010: Application Exhibit 4 is allowed as under: The order of sentence in S.C.C.NO.44/2006 dated 27/72006 in the Court of J.M.F.C. Ulhasnagar is hereby suspended till the decision of present appeal but, on following conditions: The appellant shall pay an amount of Rs. 50,000/- out of the compensation today and shall pay further three monthly instalment of Rs.50,000/- each on 27th day of the month. The appellant shall be released on P.R.of Rs.15,000/- with a surety of like amount till the decision of appeal. 4. Then, the petitioner-accused filed this application in this Hon ble Court under section 482 of the Code of Criminal Procedure and sought stay to the said order which was granted by this Court dated 24th September, 2010 and that is how the impugned order before the Sessions Court, Kalyan came to be stayed. - 4 - 4008.10 5. Perused the said order dated 24th September, 2010 passed by this Court. 6. It is also directed that the appellate Court shall proceed to hear the appeal as expeditiously as possible. However, the appeal has not been heard and therefore, Shri Lalla,learned counsel for the respondent requested to vacate the stay order and insist on certain conditions. 7. Mr.Arjunwadkar, learned counsel for the applicant-accused assured that he will cooperate with the Appellate Court. In the light of above submissions, this Criminal Application is disposed of by passing the following order: 1) Both the parties are directed to appear before the learned Sessions Judge-2 Kalyan on 20th December, 2010. The learned Sessions Judge, shall record their attendance and give the parties a suitable date of hearing of an appeal.Appeal be decided as far as possible within a month thereafter. Before the said date of final hearing fixed, the petitioner-accused - 5 - 4008.10 shall deposit an amount of Rs.50,000/- as condition precedent, within four weeks from today. After hearing both the sides, in the above terms, Criminal application is disposed of. N.D.Deshpande, J - 6 - 4008.10