mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1837 OF 2009 M/s.Meditech Pharma India Pvt.Ltd. & Anr ... Petitioners versus M/s.Rajeshwari Pharma Chem Pvt.Ld. & Anr ... Respondents ... Mr.A.A. Siddiqui i/b A.A. Siddique & Associates for petitioner Mr. Y.S. Shinde APP for the State. CORAM : D.G. KARNIK, J. DATED : 26th November 2009 P.C. 1. This Writ Petition is directed against the order dated 8th June 2009 granting conditional stay for the sentence. 2. The petitioner has been convicted u/s.138 of the Negotiable Instruments Act and in addition to the imprisonment is directed to pay compensation of Rs.1,70,000/- to the complainant. The petitioner applied for stay of the order of sentence to the revisional court. While granting the stay to the substantive sentence, the revisional court directed the petitioner to deposit the sum of Rs.1,64,000/- being the amount of the cheque in the court and also granted time and instalments to the petitioner for deposit. 3. While granting of order of substantive sentence, the Court is entitled not to stay either part of the fine and/or compensation. In my view, the learned Sessions Judge has used the discretion judicially by directing only a deposit of the principal amount of the cheque and that too by granting instalments to the petitioner. The discretion exercised by the Sessions Judge in the absence of any perversity cannot be interfered with in exercise of a writ jurisdiction. 4. Writ Petition is accordingly dismissed summarily. However, the time granted by the Sessions Judge to deposit is extended by a period of eight weeks from today. (D.G. KARNIK,J.)