1 WP : 2389/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2389 OF 2010 Shri Shankar Dondiram Tepugade ... Petitioner Vs. Shri Sakharam Krishnaji & Ors. ... Respondents Mr. Shrishail Sakhare, Advocate for petitioner. Mrs. A.A. Mane, APP for State. Coram :­ Smt. R.P. SondurBaldota, J. Date : 5th August 2011 P.C.: 1. The petitioner has been convicted of the offence punishable under Section 138 Negotiable Instruments Act in connection with a cheque in a sum of Rs.3,13,000/­ given by him to respondent no.1 towards arrears of rent. He challenged his conviction by preferring Criminal Appeal No.102 of 2010 to the Sessions Court and applied for suspension of the entire sentence. The application was allowed on condition that he deposits 50% of the amount in the Sessions Court within a period of one month from the date of order. 2 WP : 2389/2010 2. Mr. Sakhare, the learned counsel for the applicant submits that the applicant being a poor person, he is unable to deposit the amount in the Sessions Court. He requests for either cancellation of the condition or for its modification by reducing the amount of deposit. The present petition as well as the application made by the petitioner before the lower appellate court does not make out any case beyond making a bald statement that the petitioner is a poor person. The lower appellate court has on consideration of the facts of the case directed the petitioner to deposit 50% of the amount of the compensation. There is nothing brought on record to show that the condition imposed is unreasonable and unjust. Hence, the petition is dismissed in limine. (Smt. R.P. SondurBaldota, J)