1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CRIMINAL WRIT PETITION NO.607 OF 2009. Proprietor of Top Up Center Deceased Shri Kantilal Ratanchandji Munot through his legal representative Smt.Shamlata Kantilal Munot, Age 63 years, Occ.Business, through Power of Attorney Holder Shrimal Devichand Firodiya, Age major, Occ. Service, R/o Top Up Center, Nagar - Aurangabad Road, Ahmednagar. ... Petitioner Versus Proprietor of M/s Perfect Transport Corporation Daljitsingh Bhattal, Age major, Occ.Business, R/o 78/2 in front of Aurangabad Naka, Nagar- Aurangabad Road, Ahmednagar ... Respondent. ... Mr.S.S.Bora, advocate for the petitioner. Mrs.S.S.Jadhav, advocate for the Respondent. ... CORAM : V.R.KINGAONKAR,J. Date : 08.09.2009. 2 PER COURT 1. Rule. Rule made returnable forthwith and heard finally. 2. By this petition, the petitioner challenges order dated 8.6.2009, rendered by Additional Sessions Judge, Ahmednagar, in Criminal Appeal No.96/2009, pertaining to suspension of sentence on condition that an amount of Rs.5,000/- may be deposited towards the fine. 3. The Respondent was found guilty for offence punishable U/s 138 of the N.I.Act. The learned Judicial Magistrate convicted the Respondent for such offence and sentenced him to suffer simple imprisonment for one year and to pay fine of Rs.20,05,000/- (Rupees twenty lacs five thousand). Out of the said fine amount of Rs.20,00,000/- (Rupees twenty lacs) was directed to be paid to the complainant towards compensation U/s 357/1) of the Cr.P.C. Aggrieved by the order of conviction and sentence, the Respondent preferred appeal bearing Criminal 3 Appeal No.96/2009. The Respondent applied for suspension of the sentence and his release on bail. The bail application was allowed by order dated 8.6.2009 and the substantive sentence was suspended. Thereafter the learned Sessions Judge passed the following order : "In view of the dispute raised in appeal the appellant is allowed to deposit fine to the extent of Rs. 5,000/- (Rupees five thousand) and the order of fine for remaining amount of fine stands suspended till decision of appeal." This is the order which is subject matter of challenge in the petition. 4. Heard learned counsel. 5. It is well settled that order `deposit fine' as part of the sentence, can not be suspended by the appellate Court unless it comes within the ambit of Section 424 of the Cr.P.C. 4 It is also manifestly clear that the learned Judicial Magistrate could not have been awarded fine over and above the statutory limit but in the context of Section 143 of the N.I.Act, 1881 such embargo has been relaxed. 6. In "Dilip S.Dahanukar Vs. Kotak Mahindra Co. Ltd. and another" (2007) 3 Supreme Court Cases (Cri.) 209, the Apex Court considered the relevant provisions. The Apex Court held that the amount of compensation can not be arbitrary or unreasonable. It is held that a Criminal case is not a substitution for a civil suit, far less for execution of a decree which may be passed. A fair amount can be directed to be deposited notwithstanding imposition of heavy fine which includes the compensation amount. Considering this legal position, a Single Bench of this Court in "Om Engineers and Builders and others Vs. Vijaykant Motilal Kothari and another" 2008 (2) Bom.C.R. (Cri.) 561, held that it would be appropriate to direct deposit of 25% of the amount of dishonoured cheque. In the present case, the cheque was for Rs.12,00,000/- (Rupees 5 twelve lacs) and odd. So, it would be appropriate that amount of Rs.3,00,000/- (Rupees three lacs) would be the fair and reasonable amount which can be directed to be deposited by giving suitable latitude of period. 7. For the reasons aforestated, the impugned order of the learned Sessions Judge will have to be quashed inasmuch as it does not take into account the settled legal position as well no reasons are ascribed in support of the said order. It also appears that the learned Sessions Judge, passed such order without hearing the parties. Hence, the petition is allowed. The impugned order is quashed. The Respondent is directed to deposit Rs.3,00,000/- (Rupees three lacs) within a period of twelve (12) weeks. Rule made absolute accordingly. (V.R.KINGAONKAR,J.) asp/office/Crwp60709