-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 6687 OF 2007 CIVIL APPLICATION NO. 6687 OF 2007 CIVIL APPLICATION NO. 6687 OF 2007 IN IN IN FIRST APPEAL NO. 2881 OF 2007 FIRST APPEAL NO. 2881 OF 2007 FIRST APPEAL NO. 2881 OF 2007 Mr.Mohan G. Joshi .. Appellant. V/s. M/s. Priyanka Enterprises .. Respondent. --- Mrs. Teja Katdare with Ms. Alpa Javeri for the Appellant. Mr.V.G.Mujumdar for the Respondent. --- CORAM : ANOOP V. MOHTA, J. CORAM : ANOOP V. MOHTA, J. CORAM : ANOOP V. MOHTA, J. DATED : 07th APRIL, 2008. DATED : 07th APRIL, 2008. DATED : 07th APRIL, 2008. P.C. : P.C. : P.C. :- . Appeal is already admitted. Considering the averments made and further in view of the fact that the proceedings under section 138 of the Negotiable Instruments Act, 1981 were based upon the same cheques, the appellant has already been acquitted. Therefore, in the interest of justice, the proceedings before the lower court are stayed subject to depositing about 50% of the decreetal amount in the trial court, i.e. the appellant to deposit Rs.1.25 lakhs in the trial court within a period of ten weeks from today. For the rest of the amount, the Appellant shall give bank guarantee of any nationalized bank. The respondent is permitted to withdraw Rs.1.25 lakhs subject to furnishing the bank guaranty of the nationalised Bank. -: 2 :- 2. Subject to the above and for the reasons stated in the Application, the civil Application is allowed in terms of prayer clause (a). The application is disposed of accordingly. (Anoop V. Mohta, J) .....