* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 5092 OF 2010 Srichand Tejumal Rajpal .......Applicant V/S. Bharti Umesh Nayak & anr. .........Respondents * * * * * * Mr. Subhash Jha i/by. M/s. Law Global, Advocate for the applicant. None for respondent no.1. Mr. P.S. Hingorani, APP for respondent no.2-State. Coram : Smt. R.P. SondurBaldota, J. 12 January, 2011. P.C. : 1. This application is filed to challenge the order dated 1st October, 2010 dismissing the complaint under Section 138 Negotiable Instruments Act for want of deposit of the necessary court-fees. 2. The case of the applicant is that he had already deposited the entire amount of the court-fees with his advocate in the trial court. The Advocate was unable to purchase the court-fees stamps and file * 2 * the same in the proceedings, as his son was suffering from jaundice and the Advocate had to attend to his son. The impugned order shows that the applicant had been granted time for depositing the court-fees since the month of August, 2010 and he had failed to do so for one reason or the other. Mr. Jha, the learned counsel for the applicant, states that the applicant is willing to deposit the requisite court-fees stamps on/or before 17th January, 2011. In the circumstances, the application is allowed. The order dated 1st October, 2010 is set aside. The applicant is directed to pay the balance court-fees of Rs.47,000/- on/or before 17th January, 2011. If the court-fees are not paid by 17th January, 2011, the application will stand dismissed. [Smt. R.P. SondurBaldota, J]