THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.6024 OF 2010 ORDER: 1 First Respondent herein filed C.C.No.351 of 2009 against the petitioner herein on the file of the court of the I Additional Judicial Magistrate of I Class, Tenali, Guntur District for the alleged offence punishable under section 138 of Negotiable Instruments Act. The learned I Additional Judicial Magistrate of I Class, Tenali having conducted trial found the petitioner herein guilty of the said offence and accordingly sentenced him to undergo rigorous imprisonment for a period of one year and also to pay an amount of Rs.50,000/- towards compensation payable to the first respondent herein. As against the said judgment dated 24.06.2010 the petitioner filed Criminal Appeal No.295 of 2010 before the learned I Additional Sessions Judge, Guntur. Along with the said appeal, the petitioner had also filed Crl.M.P.No.117 of 2010 seeking suspension of execution of the order passed by the learned Magistrate. The learned I Additional Sessions Judge, while granting bail and releasing the petitioner on bail observed that he shall execute a personal bond for an amount of Rs.10,000/- with two sureties of the like sum each and further directed him to deposit Rs.50,000/- as awarded by the trial court towards compensation. Assailing the same, the petitioner approached this court and filed the present petition. 2 Heard. 3 Having considered the submissions made by the learned counsel for the petitioner and also looking at the order impugned in this petition this court is of the view that the said condition that the petitioner shall deposit the entire amount of Rs.50,000/- towards compensation is onerous. If the said amount of Rs.50,000/- is paid nothing remains in the appeal and ultimately even if the appeal is allowed, it is very difficult for the petitioner to get back the said amount. 4 Hence the said order in so far as deposit of Rs.50,000/- is hereby set aside. But, however, the petitioner shall be released on bail on his executing a bond for an amount of Rs.10,000/- with two sureties of the like sum each to the satisfaction of the I Additional Judicial Magistrate of I Class, Tenali. As it is in between the court below and the petitioner, the usual notice to the unofficial respondent is dispensed with. -------------- 02.07.2010 Kvsn