- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.163 OF 2008 WRIT PETITION NO.163 OF 2008 WRIT PETITION NO.163 OF 2008 Narayan Dada Gangavane ...Petitioner vs. State of Maharashtra & Ors. ...Respondents Mr.Jahangir Khajotia for the Petitioner Mr.D.P.Adsule A.P.P. for State Ms Vidhya Mangavde for Respondent No.2. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : JULY 31,2008 : JULY 31,2008 : JULY 31,2008 P.C.: P.C.: P.C.: 1. Heard the learned counsel for the petitioner and the learned counsel for the second Respondent. The petitioner has been arraigned as an accused in a complaint filed by the second respondent under section 138 of the Negotiable Instruments Act,1881. The petitioner was convicted. Apart from the substantive sentence, he was directed to pay compensation of Rs.4,77,975/-. An appeal was preferred by the petitioner in which an order has been passed by the learned Additional Sessions Judge suspending the substantive sentence subject to the petitioner depositing a sum of Rs.2,00,000/-. 2. The submission of the learned counsel for the petitioner is that the condition imposed to deposit a sum of Rs.2,00,000/- is onerous and as it is impossible for the petitioner to deposit the said amount, the petitioner will be virtually deprived of his right of appeal. He pointed out - 2 - that a sum of Rs.50,000/- has already been deposited by the petitioner. 3. The learned counsel for the second Respondent opposes the prayer and submitted that a sum of Rs.2,00,000/- fixed by the learned Additional Sessions Judge is reasonable. 4. After having considered the submissions, I am of the view that the impugned order needs modification. Instead of deposit of Rs.2,00,000/-, the petitioner will have to deposit a sum of Rs.1,00,000/-. He has already deposited a sum of Rs.50,000/-. A reasonable time of six weeks can be granted to deposit the balance amount of Rs.50,000/-. 5. Hence, petition is disposed of by passing the following order : i) The impugned order is modified and it is directed that the substantive sentence will remain suspended till the disposal of the Appeal subject to the petitioner depositing a sum of Rs.1,00,000/-. ii) Time of six weeks is granted to deposit the balance amount of Rs.50,000/- with the Appellate Court. iii) In case the petitioner fails to deposit the balance - 3 - amount within stipulated period, it will be open for the second Respondent to take out appropriate proceeding in that behalf for appropriate relief. iv) Petition is partly allowed in above terms. v) Parties and the concerned court to act upon an authenticated copy of this order. JUDGE JUDGE JUDGE