S.B. Criminal Miscellaneous Petition No.2351 of 2008. Smt. Chandra Kanta Bohra Vs. State & Another Date of Order :::: 19/01/2009. Hon'ble Mr. Justice Bhanwaroo Khan Mr. S.P.Mathur, Counsel for the Petitioners Ms. Manju Dave, Public Prosecutor for the State By the Court : Heard learned counsel for the parties. The accused-petitioner was convicted for the commission of offence under Section 138 of the Negotiable Instruments Act and was sentenced to undergo six months simple imprisonment, with a fine of Rs.2,20,000/-, in default of payment of fine, she has to further undergo two months additional imprisonment. An appeal was preferred by the accused-petitioner and the Appellate Court while suspending execution of sentence imposed a condition to remain present in the Court on each and every date of hearing. The other condition imposed was to deposit Rs.1,00,000/- within 15-days from the date of order. The petitioner has deposited the amount, but has grievance about the other condition of her remaining present on every date of hearing before the Appellate Court. The relief claimed in this miscellaneous petition is only about the condition of deposition of money, as imposed by the Appellate Court, but as the amount has already been deposited, the learned counsel does not wants to press this point. It is true that the Court can ask any accused to remain present, as and when needed. It is not always necessary for the Court to ask for the presence of the accused on every date of hearing, more-so, when the case is pending before the Appellate Court. This condition of course is, harsh and puts the accused in difficult position. The Court can ask her to remain present, as and when required, but not on every date of hearing. Thus, the condition of asking to remain present on every date of hearing, is quashed and the accused-petitioner is directed to remain present before the Appellate Court, as and when required by the Appellate Court. With these observations, this miscellaneous petition is disposed of. (Bhanwaroo Khan) J. ashok/