1 a-5260-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CRIMINAL APPLICATION NO. 5260 OF 2010 Ashok C. Mehta ..Applicant versus M/s. Brinda Export Agencies & Anr. ..Respondents Mr. B. M. Shaikh for Applicant. Mr. Kafil Khan for Respondent No. 1. Mr. P. A. Pol - Public Prosecutor for State – Respondent Nos. 2. CORAM : D. D. SINHA, J. DATED : DECEMBER 20, 2010. P.C. : 1. Heard the learned counsel for the applicant, the learned counsel for the respondent no.1 and the learned Public Prosecutor for respondent nos. 2. 2. Criminal application is directed against the Order dated 28th October 2010 passed by the court below whereby the time is granted to the applicant to deposit 20% amount out of fine / compensation as directed vide Order 2 a-5260-10 dated 17th September 2010. The learned counsel for the applicant brought to my notice Order dated 9th December 2010 passed by this Court, which reads thus: “The learned Counsel appearing on behalf of the applicant submits that the applicant shall deposit Rs 2 lacs in each case on or before 20/12/2010 in the lower Appellate Court. If the said amount is deposited Respondent No. 1, may withdraw the said amount after furnishing security to the satisfaction of the lower Appellate Court. Stand over to 20/12/2010. Time to make payment is extended till the next date i.e. 20/12/2010.” 3. The learned counsel for the applicant has submitted that because of the personal difficulty the applicant could not deposit the amount of Rs.2 lacs in the lower appellate court within the stipulated period as directed by the Order dated 9th December, 2010 passed by this Court in the present criminal application. The learned counsel prays that further time of two weeks by way of last chance may kindly be granted to the applicant to deposit the said amount of Rs.2 lacs in the lower appellate court. The learned counsel for the respondent no. 1 has submitted that though on earlier occasion time was granted to the applicant to deposit the amount as directed vide order dated 17th September, 2010 the applicant failed to deposit the same. 3 a-5260-10 4. Be that as it may. This Court vide Order dated 9th December 2010 permitted the applicant to deposit Rs.2 lacs in each case within the stipulated period before the lower appellate court and the respondent no. 1 was also permitted to withdraw the said amount after furnishing security to the satisfaction of the lower appellate court. However, applicant failed to deposit the said amount within the stipulated period due to personal difficulty. 5. In the interest of justice, I grant further time of two weeks by way of last chance to the applicant to deposit the amount of Rs.2 lacs in each case, which is a part of the amount due and payable by the applicant, before the lower appellate court, with liberty to the respondent no.1 to withdraw the same on furnishing security as observed in the Order dated 9th December, 2010 passed by this Court. If the applicant fails to deposit the requisite amount within the stipulated time, order granting interim stay by the lower appellate court dated 17th September, 2010, stands revoked automatically. 6. With these observations, criminal application is disposed of. (D. D. SINHA, J.)