SRJ 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVISION APPLICATION NO.230 OF 2010 Shri Rajshekar S. Patil .. Applicant v/s. Godawari Sugars & Another .. Respondents. Shri Manoj A. Patil, for Applicant. Ms. S.V.Gajare, A.P.P. for Respondent No.1. Shri J.K.Jadhav, for Respondent No.2. CORAM : J. H.BHATIA, J. DATE : 6th JULY, 2010. P.C. 1. Heard learned Counsel for the parties. 2. The Trial Court had convicted the Applicant under section 138 of Negotiable Instrument Act and sentenced him to undergo R.I. for six months and to pay fine of Rs.2,02,000/-, out of which Rs.2,00,000/- is to be paid to the complainant. The order of conviction and sentence was challenged before the Sessions Court. Ad- interim stay to the execution of sentence was granted by 2nd Additional Sessions Judge on 26th SRJ 2 February, 2010, subject to condition of depositing 50% of the compensation amount.Complainant sought some time for depositing the amount, which was rejected and ad-interim stay to the execution of sentence was vacated. Against that order, accused has preferred present Revision Application. As per the order dated 22nd April, 2010 passed by this Court, the applicant has deposited 25% of the amount in the Appellate Court. It is settled position of law that appeal is legal right which cannot be refused and if substantive sentence is not stayed during hearing of the appeal, the appeal may become infructuous. 3. In view of these circumstances, in my considered opinion, deposit of 25% of the amount will be just and reasonable. Therefore, Revision Application is allowed in terms of order dated 22nd April,2010 passed by this Court and the substantive sentence shall remain stayed pending the hearing and final disposal of Criminal Appeal No.45 of 2010, pending before the Sessions Court at Kolhapur. SRJ 3 4. Revision Application stands disposed off accordingly. [J.H.BHATIA,J. ]