* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 114 OF 2010 Mr. Manmohan Singh ...............Petitioner V/S. 1. The State of Maharashtra and anr. .................Respondents. ---------- Mr. Yashpal Thakur a/w. Mr. Vivek Patil i/by. Paras Kuhad and Associates, adv.for the appellant. Mr. R.V. Newto, APP for State-respondent no.1. Mr. Kiran Kulkarni, adv.for respondent no.2. CORAM : S.C. DHARMADHIKHARI, J. DATED : 8th FEBRUARY, 2010. P.C. :- 1. The applicant is the original appellant in Criminal Appeal No. 5 of 2008. That appeal challenges an order of conviction and sentence for an offence punishable under Section 138 of the Negotiable Instruments Act. It is clear from the record that the appellant-applicant (accused) failed to appear before the lower appellate court. He also did not comply with the condition imposed. Consequently, the appeal was dismissed for want of compliance. It is this order * 2 * which is challenged before this court. 2. The only contention raised is that the accused should be given an opportunity to argue his criminal appeal on merits and point out that the order of conviction and sentence is improper, erroneous and illegal. Unless, reasonable conditions are imposed, he would not be able to comply with them. In the instant case, the applicant has undergone open heart surgery and was advised bed rest. He is residing at Delhi whereas the appeal is pending before the Sessions Judge, Dadra and Nagar Haveli, Silvassa. 3. After hearing the parties and finding that the applicant has deposited in the trial court, a sum of Rs.6,82,500/- interest of justice would be served if the appeal is restored to file of the appellate court but with a direction to the applicant to remain present before the appellate court on 4/3/2010 at 10.30 a.m. to argue the appeal. In default, the order of the lower appellate court dated 14/12/2009 would stand confirmed and the applicant would then have to surrender to custody. In case, the applicant remains present, he shall be given an opportunity to argue the appeal on merits and the lower appellate court to endeavour and dispose off the appeal within a period of 15 days from the date of appearance of the parties. 4. Application disposed off in the above terms. (JUDGE) * 3 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 115 OF 2010 Mr. Manmohan Singh ...............Petitioner V/S. 1. The State of Maharashtra and anr. .................Respondents. ---------- Mr. Yashpal Thakur a/w. Mr. Vivek Patil i/by. Paras Kuhad and Associates, adv.for the appellant. Mr. R.V. Newto, APP for State-respondent no.1. Mr. Kiran Kulkarni, adv.for respondent no.2. CORAM : S.C. DHARMADHIKHARI, J. DATED : 8th FEBRUARY, 2010. P.C. :- 1. The applicant is the original appellant in Criminal Appeal No. 6 of 2008. That appeal challenges an order of conviction and sentence for an offence punishable under Section 138 of the Negotiable Instruments Act. It is clear from the record that the appellant-applicant (accused) failed to appear before the lower appellate court. He also did not comply with the condition imposed. Consequently, the appeal was dismissed for want of compliance. It is this order * 4 * which is challenged before this court. 2. The only contention raised is that the accused should be given an opportunity to argue his criminal appeal on merits and point out that the order of conviction and sentence is improper, erroneous and illegal. Unless, reasonable conditions are imposed, he would not be able to comply with them. In the instant case, the applicant has undergone open heart surgery and was advised bed rest. He is residing at Delhi whereas the appeal is pending before the Sessions Judge, Dadra and Nagar Haveli, Silvassa. 3. After hearing the parties and finding that the applicant has deposited in the trial court, a sum of Rs.6,82,500/- interest of justice would be served if the appeal is restored to file of the appellate court but with a direction to the applicant to remain present before the appellate court on 4/3/2010 at 10.30 a.m. to argue the appeal. In default, the order of the lower appellate court dated 14/12/2009 would stand confirmed and the applicant would then have to surrender to custody. In case, the applicant remains present, he shall be given an opportunity to argue the appeal on merits and the lower appellate court to endeavour and dispose off the appeal within a period of 15 days from the date of appearance of the parties. 4. Application disposed off in the above terms. (JUDGE) * 5 *