1 WP : 445/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.445 OF 2010 Shri Abhinandan Babasaheb Khot .... Petitioner Vs. Shivneri Nagri Sahakari Pat .... Respondents Sanstha Maryadit & Anr. Mr. Prashant Jadhav, Advocate for petitioner. Mr. Prashant Bhavake, Advocate for respondent no.1. Mrs. M.R. Tidke, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 22nd February, 2011 P.C. 1. This petition challenges the interim order dated 17th November 2009 passed by the learned Additional Sessions Judge, Kolhapur in Criminal Appeal No.233 of 2009. By the said order, the petitioner has been directed to deposit 50% of amount awarded against him for suspension of the substantive sentence. The amount of compensation awarded against the petitioner is about Rs.4,50,000/-, that means the impugned order directs the petitioner to deposit a sum of Rs.2,95,000/-, within a period of one month from the date of the order. The period of one month expired on 17th December 2009. The petitioner did not comply with the order, but filed the present petition almost two months thereafter i.e. on 3rd February 2010. By 2 WP : 445/2010 the order dated 16th February 2010, while issuing notice to the respondent-complainant, the petitioner was directed to deposit 25% of the cheque amount in the appellate court, within four weeks from that day. The petitioner failed to comply with this order and the petition came to be dismissed. Thereafter the petitioner filed an application for restoration at which time, he deposited the amount of Rs.1,12,500/- as directed by the order dated 16th February 2010. The prayers sought in the present petition are for setting aside the order and condition of deposit of 50% of the amount of compensation. In the alternative, the petitioner seeks that the deposit amount be reduced to 25%. 2. The petition is opposed by respondent-complainant submitting that the petitioner has chequered out history as regards the attendance to the matter, which was continued while attending to the present proceedings also, before the trial court, as the petitioner was not attending to the trial, the orders of issuance of warrants had to be passed against him. There is the incidence of the present petition being dismissed and restored to file. He also points out that in the present petition, there is no ground stated to challenge the impugned order. 3. Perusal of the petition shows that the grounds stated therein are not, to challenge the impugned order, but to challenge the judgment of conviction by the trial court. Since the impugned order is a discretionary order, this court is not inclined to interfere with the 3 WP : 445/2010 same. 4. The learned counsel for the petitioner then relies upon the decision of the Single Judge of this court in M/s Om Engineers & Builders & Ors. vs. Vijaykant Motilal Kothari & Anr., reported in 2008(6) ALL MR 880 to submit that direction to deposit 50% of the compensation is harsh. The amount of cheque in question in that case was Rs. 56.00 lacs. The appellate court had ordered deposit of Rs.28.00 lacs being a 50% of the amount of compensation. This court, in the facts of that case held that the condition was harsh and reduced it to 25% of the compensation amount. There are no facts whatsoever pleaded in the present petition to show that the condition imposed will be harsh upon the petitioner. The learned counsel for the respondent submits that the respondent-society, which had extended loan to the petitioner, is to recover a sum of Rs.37,14,748/- from the petitioner. The three cheques involved in the present case of Rs.1,50,000/- each had been given by the petitioner towards repayment of the loan. In the circumstances, the petition is dismissed. (Smt. R.P.SondurBaldota, J) 4 WP : 445/2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.17 OF 2011 IN CRIMINAL WRIT PETITION NO.445 OF 2010 Shivneri Nagri Sahakari Pat .... Applicants Sanstha Maryadit & Anr. Vs. Shri Abhinandan Babasaheb Khot ..... Respondents & Anr. Mr. Prashant Bhavake, Advocate for applicants. Mr. Prashant Jadhav, Advocate for respondents Mrs. M.R. Tidke, APP for State. Coram : Smt. R.P.SondurBaldota, J. Date : 22nd February, 2011 P.C.: This application is filed by the applicant for withdrawal of amount of Rs.1,12,500/- deposited by respondent to the application in the Court, pursuant to the order dated 11th February 2010. The application is allowed on condition that the applicant furnishes security to the satisfaction of the Registrar Judicial. He shall also file an undertaking that he will bring back the amount in the court in the event of respondent succeeding in his appeal, pending before the District Court. ( Smt. R.P. SondurBaldota, J.)