1 Amk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 2343 OF 2009 Sameer Damodar Marchande .. Applicant Vs. Samit Sameer Marchande through Smt. Shilpa M. Dhotre .. Respondents. Mr. J. D. Sawant for the Applicant. Mr. S. R. Shinde APP for Respondent No.2 State. CORAM : MRS. R. S. DALVI, J. DATE : 4th December, 2009. P.C. 1. This is an application for leave to file appeal against the order of the learned Sessions Judge dated 01.10.2008 confirming the order of the learned Judicial Magistrate First Class, Khed dated 13.04.2006. The applicant has to pay maintenance for his son in a sum of Rs.750/- p.m. The application for maintenance was made on 30th November, 2005. Hence, the liability is from November, 2005. 2. The Advocate on behalf of the applicant states that, he 2 wants to pay lump sum amount of maintenance for his son. He offers to pay Rs.50,000/- as lump sum maintenance. From November, 2005 until December, 2009, it has been 15 months of liability. Rs.50,000/- is most inadequate. 3. The Advocate states that, he is a peon. All these facts would be considered in the appeal. The concurrent findings of the two Courts below show ability to pay. At present, leave to appeal is granted on depositing of Rs. 50,000/- by the applicant in this Court within four weeks from today. If the amount is not deposited within four weeks from today, the appeal shall stand dismissed. If the amount is deposited as directed, issue notice upon respondent No.1. Hamdast is allowed. 4. Applicant’s Advocate to issue notice by RPAD or UPC returnable on 9th February, 2010. 5. Learned APP waives service. ( R. S. DALVI, J. )