[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL REVN. NO.150 OF 2008 Rajendra Sudhakar Kamlapurkar ..Applicant Vs. Rupee Co-Op.Bank Ltd. and Anr. ..Respondents ... Mr.Yogendra Singh Rajput advocate for Applicant Mr.K.V.Saste 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 and the learned A.P.P. for the State. 2. The applicant-original accused has been convicted in SCC No. 7917 of 2007 under Section 138 of Negotiable Instruments Act by the learned Judicial Magistrate F.C. Court No.6 Link, Pune by order dated 22.1.2008. By the said order, the applicant was convicted under Section 138 of Negotiable Instruments Act and directed to suffer RI for three months and to pay fine of Rs.10 lakhs which was to be paid to the complainant as [-2-] compensation. Being aggrieved by the judgment and order of the learned Magistrate, the applicant preferred an appeal before the Sessions Court. The learned Sessions Judge by order dated 1.3.2008 directed that the conviction and sentence imposed on the applicant be suspended, until further orders on condition that the appellant shall deposit amount of Rs.3 lakhs in the trial Court within a period of 15 days from the date of the order. He further directed that the appellant should furnish PB of Rs.25,000/- with one solvent surety in the like amount in the lower Court within a period of 15 days. 3. Being aggrieved by the said order of deposit of Rs.3 lakhs and the surety amount, the present revision has been preferred. 4. It is seen that the cheque was for Rs.10 lakhs. Recovery Certificate was issued by the Assistant Registrar for Rs.29,97,804/-. In order to make part payment, the applicant had handed over disputed cheque of Rs.10 lakhs which came to be dishonoured. On conviction, the learned Magistrate has imposed fine of Rs.10 lakhs. Considering all [-3-] these facts, the direction of the learned Sessions Judge that the applicant should deposit Rs.3 lakhs is reasonable and no interference is called for. However, four weeks’ time is granted to the applicant to deposit the said amount of Rs.3 lakhs in the trial Court. It is made clear that if the said amount is not deposited within four weeks from today, the bail granted to the applicant, shall stand automatically cancelled. 5. As far as the surety amount of Rs.25,000/- is concerned, the said amount also does not call for any interference. However, it is directed that the instead of one solvent surety, the applicant may furnish one or two sureties to make up the said amount. Four weeks’ time is granted to the applicant to furnish sureties. 6. With the above directions, the application is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]