[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLN.NO.351 OF 2008 IN REVISION APPLN.NO.228 OF 2005 WITH CRIMINAL APPLN.NO.352 OF 2008 IN REVISION APPLN.NO.229 OF 2005 S.Jaychandran Salai Nadar ..Applicant Vs. State of Maharashtra and Anr. ..Respondents ... Mr.Ghanshyam Mishra advocate for applicant Mr.V.B.Konde-Deshmukh A.P.P. for the State Mr.P.B.Patil Adv. for Respondent no.2 ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : SEPTEMBER 08, 2008 DATE : SEPTEMBER 08, 2008 DATE : SEPTEMBER 08, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant-original accused, the learned advocate for the respondent no.2-original complainant and the learned A.P.P. for the State. 2. The applicant has been convicted under Section 138 of Negotiable Instruments Act. On 2.8.2006, a conditional order was passed by this Court directing the applicant to deposit entire amount as [-2-] directed by the learned Magistrate by his order dated 22.12.2004 within four weeks to show his bonafides and if the applicant fails to do so, revisions to stand dismissed for non-prosecution without further reference to the Court. The amounts could not be deposited within the said time, however, on 7.12.2006 the applicant made a statement that he will deposit sum of Rs.3 lakhs. This is reflected in the order of this Court dated 7.12.2006. Accordingly, the said amount of Rs.3 lakhs was deposited on the very same day. Thereafter, by order dated 8.12.2006 the applicant was directed to pay the balance amount of Rs.7.5 lakhs by 10.1.2007. The said order was conditional order. As the amount of Rs.7.5 lakhs was not deposited by 10.1.2007, the revisions came to be dismissed on account of non-compliance of the order. The applicant is now seeking restoration of the revisions. 3. The learned advocate for the respondent no.2-original complainant states that if the applicant is willing to deposit the amount within four weeks from today and if the complainant is allowed to withdraw the said amount, he has no [-3-] objection to the revisions being restored. The learned advocate for the applicant states that amount of Rs.7.5 lakhs will be deposited within four weeks from today and the complainant be allowed to withdraw the same. In view of the statements made by both the sides, these applications for restoration, are allowed. Revision Application Nos. 288 of 2005 and 229 of 2005 are restored to file and be placed on board on 15.10.2008. 4. It is made clear that no further extension of time to deposit the amount, will be granted. It is further made clear that if the amount is not deposited within the said time, revision applications shall stand dismissed. 5. Applications are disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]