IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CMPMO No.38 of 2011 Date of decision: 21.2.2011 Roshan Lal & anr. …. Petitioners Versus M/s.Shankar Karyana Store ….. Respondent Coram: The Hon’ble Mr. Justice Deepak Gupta, J. Whether approved for reporting? No For the petitioners: Mr.Rupinder Singh, Advocate. For the respondent: Mr.Vishal Panwar, Advocate. _____________________________________________ Deepak Gupta, J.(Oral) Mr.Vishal Panwar, Advocate has put in appearance on behalf of the respondent. By means of this petition, the petitioners have laid challenge to the order dated 2.12.2010 passed by the learned District Judge, Solan whereby he suspended the operation of the order of conviction and sentence passed against the petitioners subject to the condition that the petitioners shall deposit the amount of fine/compensation and furnish bail bond in 2 the sum of Rs.20,000/- each with one surety to the like amount to the satisfaction of the learned Trial Court. I have heard the learned counsel for the parties. The main grievance of the petitioners is that they are very poor persons and unable to deposit the entire amount and the whole purpose of filing the appeal shall be frustrated in case they are forced to deposit this amount. Normally, in a case where a person is convicted under Section 138-A of the Negotiable Instruments Act, the fine and sentence imposed is suspended only when the full amount payable under the order is deposited. However, keeping in view the fact that the petitioners are very poor persons, the order of the learned Sessions Judge, Solan is modified and it is hereby directed that in case a sum of Rs.45,000/-, i.e., half of the amount payable under the order of the learned Trial Court is deposited on or before 15th April, 2011 and surety/security for the balance amount of Rs.45,000/- to the satisfaction of the learned Trial Court on or before the said date is furnished, the operation of the judgment of conviction 3 and sentence imposed by the learned Trial Court shall remain suspended. It is made clear that in case the conditions imposed by this order are not complied with by 15th April, 2011, this order shall cease to operate without reference to this Court. The petition is disposed of in the aforesaid terms. No order as to costs. February 21, 2011 ( Deepak Gupta ) (m) Judge