- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL REVISION REVISION REVISION APPLICATION NO.168 OF 2008 APPLICATION NO.168 OF 2008 APPLICATION NO.168 OF 2008 Vasant Shridhar Joglekar ...Applicant vs. Narayan Raoji Patne ...Respondent Mr.R.V.Barmode i/b S.Ashwinkumar & Co. for the applicant Mr.S.S.Pednekar A.P.P. for State CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : APRIL 20,2009 : APRIL 20,2009 : APRIL 20,2009 P.C.: P.C.: P.C.: 1. Heard Advocate for the applicant and the Advocate for the first respondent. The challenge in this revision application is to the order dated 27th march 2008 passed by the Sessions Court in an appeal preferred by the applicant. The appeal pending before the Sessions Court preferred by the applicant takes an exception to the order of the Magistrate by which he has been convicted for the offence under section 138 of the Negotiable Instruments Act 1881. By the impugned order, the substantive sentence was suspended subject to compliance with various conditions including the condition of depositing a sum of Rs.9,15,930/-. 2. By order dated 16th April 2008, this court accepted the undertaking of the applicant to deposit a sum of Rs.4,00,000/- with the Sessions Court. This court directed that the applicant shall be released on bail in the sum of Rs.50,000/- with one or two sureties in the like amount. A xerox copy of - 2 - the receipt is placed on record which shows that a sum of Rs.4,00,000/- was deposited by the applicant with the Sessions Court on 6th May 2008. 3. The substantive appeal is pending before the Sessions Court. A sum of Rs.4,00,000/- has already been deposited by the applicant. This amount of Rs.4,00,000/- represents a reasonable amount in terms of decision of the Apex Court in case of Dilip Dahanukar. 4. Hence, this petition can be disposed of by modifying the order dated 27th March 2009. 5. The learned counsel for the petitioner invited my attention to the prayer clause (c) of this application. The said prayer cannot be entertained in this revision application and the applicant will have to file appropriate application before the Sessions Court in that behalf. 6. Hence, I pass the following order : i) Impugned order dated 27th march 2008 is modified by substituting the amount of Rs.9,15,930/- by a an amount of Rs.4,00,000/-. ii) In view of the deposit of the amount of Rs.4,00,000/- and - 3 - compliance with the ad-interim order dated 16th April 2008 passed by this court, it is clarified that the order dated 27th March 2008 as modified above stands complied with. iii) The Sessions Court will now proceed with the final hearing of the appeal. Hearing of the appeal shall be concluded as early as possible and in any event within a period of six months from the date of receipt of writ of this order. iv) It will be open for the applicant to file appropriate application before the Sessions Court as observed in paragraph 5 this order. v) The application is disposed of in above terms. vi) All contentions of the parties on merits are kept open. JUDGE JUDGE JUDGE