Cr.MMO No. 113 of 2009 20.11.2009 Present:- Mr. Rakesh Manta, counsel for the petitioner. None for the respondent. The petitioner has filed this petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India against the order dated 17.8.2009 passed by the learned Additional Sessions Judge (Fast Track Court), Shimla in Case No. 62-S/10 of 2007 directing the petitioner to furnish bail bond in the sum of Rs.20,000/- with one surety of the like amount and also to deposit a sum of Rs. 60,000/- the amount of disputed cheque. The respondent has been served but none appeared on his behalf. The learned counsel for the petitioner has submitted that petitioner is aggrieved against the second condition which has been imposed by the learned Additional Sessions Judge, Fast Track Court, Shimla while suspending the sentence of the petitioner passed by learned Sub Divisional Judicial Magistrate, Court No. 1, Rohru on 9/10.7.2009 in case No. 136/3 of 2008/07 convicting and sentencing the petitioner to undergo simple imprisonment for a period of six months and to pay a fine of Rs. 5,000/- for the offence punishable under Section 138 of the Negotiable Instrument Act. - 2 - The learned counsel for the petitioner has submitted that the second condition of depositing Rs. 60,000/-, the amount of the cheque imposed by the learned Additional Sessions Judge, Fast Track Court, Shimla is unreasonable inasmuch as even the learned Sub Divisional Judicial Magistrate has imposed a fine of Rs.5,000/- in addition to the imprisonment of six months. The learned counsel for the petitioner has submitted that the petitioner has already complied the first part of the order dated 17.8.2009 and the petitioner has furnished bail bonds in the sum of Rs. 20,000/- with one surety of the like amount to the satisfaction of the trial Magistrate within the time granted by the learned Additional Sessions Judge, Fast Track Court, Shimla. The petitioner has filed the appeal against the judgment dated 9/10.7.2009 which is pending before the learned Additional Sessions Judge, Fast Track Court, Shimla. In the facts and circumstances of the case, the second condition imposed by the learned Additional Sessions Judge, Fast Track Court, Shimla directing the petitioner to deposit a sum of Rs. 60,000/-, the amount of the cheque while suspending the sentence appears to be unreasonable in view of the fact that learned Sub Divisional Judicial Magistrate had not directed the petitioner to deposit any compensation amount. - 3 - In the light of the above discussion, the petition is allowed and the second condition imposed by the learned Additional Sessions Judge, Fast Track Court, Shimla on 17.8.2009 directing the petitioner to deposit a sum of Rs. 60,000/-, the amount of the cheque, is set-aside. The petitioner through his counsel is directed to appear before the learned Additional Sessions Judge, Fast Track Court, Shimla on 04.12.2009. The petition stands disposed of. Cr.MP No. 603 of 2009. Infructuous in view of the orders passed in the main petition. November 20, 2009. ( Kuldip Singh ) (GR) Judge.