THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA CRIMINAL PETITION NO.6041 OF 2010 ORDER: 1 Second Respondent herein filed C.C.No.270 of 2008 against the petitioner herein on the file of the court of the Principal Junior Civil Judge,-cum-Additional Judicial Magistrate of I Class, Bhimavaram, West Godavari District for the alleged offence punishable under section 138 of Negotiable Instruments Act. The trial Court having conducted trial found the petitioner herein guilty of the said offence and accordingly sentenced him to undergo rigorous imprisonment for a period of three months and also to pay an amount of Rs.5,00,000/- towards compensation payable to the second respondent herein. As against the said judgment dated 06.04.2010 the petitioner filed Criminal Appeal No.105 of 2010 before the learned District and Sessions Judge, Eluru. Along with the said appeal, the petitioner had also filed Crl.M.P.No.1112 of 2010 seeking suspension of execution of the order passed by the trial court. The learned Sessions Judge, observed that the execution of sentence alone is suspended subject to deposit of 1/3rd amount of the compensation amount of Rs.5,00,000/- before the trial court on or before 05.07.2010 failing which the interim order of suspension stands vacated. Assailing the same, the petitioner approached this court and filed the present petition. 2 Heard. 3 Having considered the submissions made by the learned counsel for the petitioner and also looking at the order impugned in this petition this court is of the view that the said condition that the petitioner shall deposit 1/3rd of the compensation amount is onerous. If the said amount is paid nothing remains in the appeal and ultimately even if the appeal is allowed, it is very difficult for the petitioner to get back the said amount. 4 Hence the said order in so far as deposit of 1/3rd of the compensation amount of Rs.5,00,000/- is hereby set aside. But, however, the petitioner shall be released on bail on his executing a bond for an amount of Rs.10,000/- with two sureties of the like sum each to the satisfaction of the trial Court. As it is in between the court below and the petitioner, the usual notice to the unofficial respondent is dispensed with. -------------- 02.07.2010 Kvsn