1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 343 OF 2009 Anis Haji Ebrahim Bargir ........Petitioner versus The Miraj Urban Co-op Bank Ltd. & anr........Respondent. Mr. R.M. Momin adv. for the Petitioner. Mrs. M.H. Mhatre APP for the Respondent Stat. Mr. Khamkar i/b S.G. Deshmukh for respondent no.1. CORAM: B. R. GAVAI, J. DATED : 18th February, 2010. P.C.: 1. Rule. Rule made returnable forthwith. 2. By the present petition the petitioner has challenged the order passed by the learned Sessions Judge, Sangli dated 22-9-2008 in so far as the condition of depositing the entire amount of the cheque which is dishonoured. 2. The petitioner has been convicted for offence under sec. 138 of Negotiable Instrument Act. Being aggrieved thereby an appeal has been filed and in the said appeal, an application for suspension of sentence has been made. While allowing the said application, condition of depositing the entire cheque amount has been imposed. The petitioner being aggrieved by the said condition filed this petition. 4. This court while entertaining the petition, by the order 2 dated 6-4-2009 has imposed a condition and accordingly the petitioner has deposited the amount of Rs. 25,000/- before the appellate court. 5. Int that view of the matter I find that the interest of justice would be met by modifying the condition which requires deposit of Rs. 78,000/- to deposit of Rs.25,000/- which is already deposited by the petitioner. In the result the condition which requires deposit of Rs. 78,000/- stands modified to the extent that the petitioner would be required to deposit Rs. 25,000/- as a condition for suspension of sentence. 6. Needless to state that since the amount of Rs. 25,000/- is deposited no further deposit is necessary. Rule made absolute in the above terms. (B.R. Gavai, J.)