1 3-revn-422-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.422 OF 2009 WITH CRIMINAL APPLICATION NO.364 OF 2009 Baban D. Jadhav .. Applicant. V/s. Janu Malu DoIiphoda & Others .. Respondents. Mr. Kuldeep Patil, for the Applicant. Mrs. Indrayani Koparkar, for Respondent No.1. Smt. V. R.Bhosale, A.P.P. for the Respondent-State. CORAM : N.D.DESHPANDE, J. DATE : 30th MARCH, 2011. P.C.: 1 By this Application, Applicant impugn order dated 25th June, 2009 passed by the Additional Session Judge, Mangaon which is reproduce as below:- “ In spite of insufficient time appellant failed to deposit Rs.20,000/-. Today neither appellant nor his advocate present. Adv. for respondent and respondent are present. Appeal is dismissed for non-compliance of the order.” 2 3-revn-422-09.sxw 2 The applicant admits that there was default by him for payment as per the order. Consequently, appeal was dismissed for non-compliance of the order. Pending the hearing of this application, this court on 10th July, 2009, made certain observations in favour of the applicant and directed notice to respondent no.1 who is original complainant in a case registered under section 138 of the Negotiable Instrument Act, 1881. The applicant was also granted temporary bail in a sum of Rs.5,000/- since he has been held guilty by the trial court and, therefore, he preferred an appeal which was also dismissed as aforesaid. 3 I do not find any illegality in the said impugned order. However, the applicant agreed to deposit the amount as per the order. In a cheque bouncing case, care is taken that after it is decided in favour of the complainant, his interest in appeal shall be secured. Normally, at the discretion of the Appellate Court, accused/appellant is directed to deposit some amount. In the present case, amount stated as per the bounced cheque is Rs.50,000/- and, therefore, accused/applicant was directed to pay compensation to the complainant and in default he was directed to undergo R.I. for three months. Hence, following order would meet ends of justice. 3 3-revn-422-09.sxw (i) The Impugned order dated 25th June, 2009 is set aside. (ii) The applicant is directed to deposit Rs.50,000/- in the Sessions Court. (iii) On depositing of Rs.50,000/- within four weeks from today, applicant's appeal shall be restored and heard on merits. (iv) Interim bail granted earlier, to continue before the Sessions Court, till appeal is heard and decided. (v) Revision Application is allowed in the above terms and disposed off accordingly. (N.D.DESHPANDE, J.)