S. B. CRIMINAL MISC. PETITION NO. 324/2008 SANJAY KUMAR TATIA V. STATE OF RAJASTHAN & ANOTHER. DATE OF ORDER : 17-10-2008 HON'BLE MR. JUSTICE C. M. TOTLA Mr. N.A.Rajpurohit, for Petitioner (s). Mr. O.P.Ralthi, PP, for the State. Mr.R.K.Mehta, for Respondent No.2. The petitioner accused convicted and sentenced to imprisonment along with fine of Rs.57,400/- for the offence under Section 138, NI Act, preferred appeal along with prayer for suspension and learned Sessions Judge, while suspending, directed payment of entire imposed amount within 15 days. Aggrieved of the same order, preferring this petition under Section 482, Cr.P.C., petitioner requests for setting aside the condition of above order, directing to deposit of amount. Learned counsel for the petitioner argued that cheque worth Rs.28,700/- and the trial Court in double imposed total of cheque amount and in first appeal, the total amount is ordered to be deposited - petitioner is not in a position to deposit entire amount and if to pay or deposit, defeat the very purpose of first appeal. Also stated on behalf of the petitioner that arguments of first appeal are concluded and the case is likely to be decided. Learned counsel for the respondent stressed that amount imposed is to be paid and the respondent No.2 – complainant is entitled to amount as directed by the trial Court. Considered. Cheque was Rs.27,400/- - order impugned is in first appeal. Considering in totality of circumstances and arguments, it is directed that the petitioner shall deposit Rs.10,000/- within one month from today and if the case is not concluded by January 31st, Rs.10,000/- shall also be deposited. The petition stands disposed of accordingly. (C. M. TOTLA), J.