mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 4 of 2008 Madhukar G. Shinde .. Applicant versus Trivenikumar K. Vishwakarma & Anr. .. Respondents ... Mr.R.V. Bansode for the applicant. Mr.D.P. Adsule APP for the State. CORAM : D.G.KARNIK, J DATED : 30th January 2008 P.C.: 1. By this application, the applicant ( who is the respondent no.1 in revision) has prayed for the withdrawal of the amount of Rs.50,000/- deposited by the original accused in pursuance of the order of this court. 2. The applicant prosecuted the accused for an offence u/s.138 of the Negotiable Instruments Act. By an order dated 17th October 2005, the accused was convicted and sentenced to suffer imprisonment for three months and pay fine of Rs.5,000/- The appeal filed by the accused against the order of conviction and sentence was dismissed by the Sessions Judge. The accused thereafter filed a revision application before this court and prayed for suspension of sentence. This court suspended the sentence subject to his depositing in the court a sum of Rs.50,000/-. Accordingly, the same has been deposited. The applicant now prays for withdrawal of the said sum. 3. Perusal of the order of the Magistrate shows that the learned Magistrate did not order payment of any compensation whatsoever to the present applicant. The applicant was not aggrieved by that order in as much as he did not challenge the said order and has allowed it to become final. In the circumstances, applicant is not entitled for payment of any compensation. The order passed by this court directing the accused to deposit Rs.50,000/- is only a condition for suspension of sentence. In the circumstances, applicant is not entitled for the said sum. 4. Application is accordingly dismissed. (D.G. KARNIK, J)