- 1 - IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CRIMINAL CRIMINAL CRIMINAL WRIT PETITION NO.1056 OF 2008 WRIT PETITION NO.1056 OF 2008 WRIT PETITION NO.1056 OF 2008 Sudhir A. Deshmukh ...Petitioner vs. Balasaheb Deshmukh Sahakari Bank Ltd. & anr. ...Respondents Mr.Amit Sale i/b Mr.Tushar Pimple for the petitioner Ms P.P.Shinde A.P.P. for State Mr.Umesh Mankapure for Respondent No.1. CORAM: CORAM: CORAM: A.S.OKA,J. A.S.OKA,J. A.S.OKA,J. DATE DATE DATE : SEPTEMBER 2,2008 : SEPTEMBER 2,2008 : SEPTEMBER 2,2008 P.C.: P.C.: P.C.: 1. Heard the learned counsel for the parties. The petitioner has been convicted by the trial court for an offence under section 138 of the Negotiable Instrument Act,1881. Apart from sentencing him to suffer R.I. for 9 months, the petitioner has been directed to pay compensation of Rs.8,92,000/-. A substantive appeal was filed by the petitioner before the Sessions Court. The Appeal has been admitted. By order dated 16th April 2008, the learned Incharge Sessions Judge, Sangli suspended the substantive sentence subject to the petitioner depositing a sum of Rs.5,00,000/- out of the compensation amount. This is the order which is impugned in this petition. 2. As of toady, it is an admitted position that the petitioner has deposited a sum of Rs.2,00,000/- with the Sessions Court. The submission of the learned counsel for the original complainant (first respondent) is that the cheque was issued by the petitioner towards repayment of loan to the first Respondent-bank and therefore, this was a fit case for directing deposit a substantial amount as a condition for grant of order of suspension of the substantive sentence. - 2 - 3. As held by the Apex Court in the case of Dilip Dahanukar, the Appellate Court can always impose a condition of deposit of a reasonable amount towards compensation as a condition for suspending the sentence. In the present case, the petitioner has already deposited a sum of Rs.2,00,000/-which can be said to be a reasonable amount in the facts of the case. Considering the peculiar facts of the case, the impugned order deserves to be modified and the Appeal will have to be heard expeditiously. 4. Hence, I pass the following order : i) The impugned order dated 16th April 2008 is modified and it is directed that the substantive sentence will remain suspended till the final disposal of the pending Appeal,as the petitioner has already deposited a sum of Rs.2,00,000/-. The condition imposed by the said order regarding furnishing the bail is confirmed. ii) The learned Sessions Judge will expeditiously dispose of the Appeal. In any case the Appeal shall be disposed of within a period of three months from the date of production of an authenticated copy of this order. iii) All contentions of the parties on merits of the pending Appeal are kept open. iv) Petition is disposed of accordingly. v) Parties and the concerned Court to act upon an - 3 - authenticated copy of this order. JUDGE JUDGE JUDGE