..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.2787 OF 2008 Rekha Mahendra Shah. ..Applicant. Versus State of Maharashtra and Anr. ..Respondents. .... Mr.Ronak Shah, Adv. for the applicant. Mr.Amit Borkar, Adv. for respondent No.2. Mr.A.S.Shitole, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 7th October, 2008. DATED : 7th October, 2008. DATED : 7th October, 2008. P.C.: 1. Heard the learned Advocate for the Applicant-orig.accused and the learned Advocate for the respondent-orig.complainant. 2. The applicant has been convicted by the J.M.F.C. Court No.10, Kolhapur in S.C.C. No.2252 of 2005. The said case is under Section 138 of N.I.Act. The cheque in question was for the amount of Rs.5 lakhs. On conviction, the applicant was sentenced to imprisonment and directed to pay compensation of Rs.6 lakhs to the complainant. Being aggrieved, Criminal Appeal No.19 of 2008 was preferred by the applicant ..(2).. before the Sessions Court at Kolhapur. At the time of admission of the appeal, the learned Sessions Judge directed that substantive sentence of imprisonment be suspended pending hearing and final disposal of the appeal on the condition that the accused shall furnish P.R. & S.B. of Rs.15,000/- and shall deposit an amount of Rs.2 lakh towards compensation in the Sessions Court within one month. Being aggrieved by the order of the learned Sessions Judge directing deposit of amount of Rs.2 lakhs towards compensation, this application has been preferred. 3. The learned Advocate for the applicant has submitted that the applicant is a lady and she has no source of income. So also her husband has no source of income and the house of the applicant been attached. It is further stated that the order of the learned Sessions Judge is too harsh. 4. It is seen that the cheque in question was for Rs.5 lakh yet the learned Sessions Judge directed the applicant to deposit only Rs.2 lakhs. Hence, as such no fault can be found with the order of the learned Sessions Judge. However, looking to the fact that ..(3).. the house of the applicant has been attached and the other facts and circumstances, I am inclined to reduce the amount of Rs.2 lakh to Rs.1 lakh. The said amount of Rs.1 lakh to be deposited within one month from today. It is made clear the if the said amount of Rs.1 lakh is not deposited within the said time, the order of suspension of the sentence shall stand vacated. 5. Criminal Application is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)