1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1582 OF 2008 WITH CRIMINAL APPLICATION NO.1583 OF 2008 M/s.S.B.Products ..Applicant V/s. The State of Maharashtra & anr. ..Respondents Mr.Anil V. Dhavale, advocate, for applicant Mr.Rajesh More, A.P.P, for the State in Cri.Appln.No.1582/2008 Mr.S.N.Gawade, A.P.P, for the Statein Cri.Appln.No.1583/2008 CORAM : K.U.CHANDIWAL, J. DATE : 14TH MAY, 2008 P.C. . Heard Mr.Anil V. Dhavale and learned A.P.P for respondent No.1. The complainant Mr.Kamlesh Lodaya, according to him, was informed by the present applicant's advocate on phone. Both the matters related to the offence punishable under Section 138 of the Negotiable Instrument Act. The learned Judicial Magistrate F.C., Pune by his Order dated 26th March, 2008 has directed the 2 accused/applicant to suffer S.I for one day till rising of the Court and to pay an amount of Rs.55,000/- (Rs Fifty Five Thousand Only) and Rs.1,10,000/- (Rs One Lakh and Ten Thousand Only) in the two cases in default to suffer S.I for two months. 2. The accused/applicant filed Criminal Appeal No.78/2008 before the learned District Judge-9 & Additional Sessions Judge, Pune and the learned District Judge-9 & Additional Sessions Judge by his Order dated 29th April, 2008 while admitting the appeal directed the accused/applicant to deposit an amount of Rs.55,000/- (Rs Fifty Five Thousand Only) & Rs.1,10,000/- (Rs One Lakh & Ten Thousand Only) within ten days in the Lower Court. I agree to the contention of the learned counsel for the accused/applicant that by such directions of deposit of the entire amount the very purpose of the appeal will be frustrated and if he succeeds in the appeal, his amount for deposit will be hampered. Since the appeal is a statutory right of the accused/applicant, such harsh condition was not contemplated from the District Judge-9 & Additional Sessions Judge, Pune. Hence, the order is modified as under :- 3 (i) Upon the accused/applicant depositing an amount of Rs.25,000/- (Rs Twenty Five Thousand Only) each in both the cases (Total Rs.50,000/-) upto 13th June, 2008, the order of grant of bail will remain in force, failure of the accused the complainant has legal re-course to take. Both the cases bearing Criminal Application Nos.1582/2008 and 1583/2008 are allowed to the extent as referred above. (K.U.CHANDIWAL, J.)