[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN.APPLN.NO.115 OF 2008 Sou.Sucheta Kiransingh Biyas ..Applicant Vs. State of Maharashtra ..Respondent ... Mr.K.S.Patil Advocate for applicant Mr.V.B.Konde-Deshmukh A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 29, 2008 DATE : JULY 29, 2008 DATE : JULY 29, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the applicant-original accused. None appeared for the Respondent No.1-original complainant. 2. The learned Judicial Magistrate F.C. by order dated 17.7.2006 convicted the applicant under Section 138 of Negotiable Instruments Act. By the said judgment and order, the learned Magistrate sentenced the applicant to pay a fine of Rs.55,000/- i/d SI for three months. Being aggrieved thereby, the applicant preferred Criminal Appeal No. 81 of 2006 before the Sessions Court. [-2-] In the said appeal, by order dated 14.8.2006, the learned Judge suspended the sentence on the following conditions: . The appellant-accused Sou.Sucheta Kiransingh Biyeas to go on depositing an amount of Rs.5,000/- before 10th day of each month with effect from October, 2006. The appellant-accused to deposit 11 instalments each of Rs.5,000/- before the 10th day of each month starting from October, 2006. . Failure to observe the above condition, the order of suspension of substantive sentence shall stand automatically cancelled. 3. Thereafter the applicant has not complied with the order dated 14.8.2006, hence, by order dated 26.7.2008, the Sessions Court has observed below Exh.1 as under: . Appellant absent when called out. As per order passed below Exh.5 dated 14.8.2006 amount is not deposited by her and as such, the said order is not complied. Moreover, she was absent on previous date. Therefore, appeal is dismissed." [-3-] 4. Looking to the facts of the case, no fault can be found with the learned Sessions Judge for dismissing the appeal. However, looking to the fact that applicant is a lady and the other facts and circumstances of the case including the financial background, in the interest of justice, I am inclined to give one last chance to the applicant. If the applicant deposits by 30.8.2008 the amount as per order dated 14.8.2006 passed by the learned Sessions Judge, the appeal shall stand restored to file. The NBWs issued against the applicant are stayed till 5.9.2008. 5. Application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]