1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL WRIT PETITION NO.310 OF 2003 Narsingh Vithoba Sargar ...Petitioner vs. The State of Maharashtra & others ...Respondents Ms Leena Patil h/f Mr.P.M.Pradhan for the petitioner Ms Y.S.Shinde,A.P.P. For State Mr.S.G.Deshmukh for respondent no.2 CORAM :A.S.OKA,J. DATE : JUNE 26, 2009 P.C. 1 My attention has been invited to the order dated 10 th September 2008 in criminal application no.524 of 2006. This writ petition was earlier dismissed for non prosecution by order dated 10 th September 2007. The petition was restored subject to condition that 50% of the amount of total maintenance payable as on date to the wife shall be deposited by the petitioner with the trial court within a period of four weeks from that date. Delay in filing the restoration application was condoned subject to payment of costs within four weeks from that day. The learned counsel for the petitioner states that according to her instructions, the amount of costs has been paid or deposited but she has no instructions whether a compliance is made by the petitioner by depositing 50% of the amount of total maintenance as 2 directed by order dated 10 th September 2007. The learned counsel for the second respondent states that neither costs amount is paid nor deposit of arrears has been made. Nothing is placed on record by the petitioner to show that the compliance has been made with the requirement of payment of 50% of the said amount though the order was passed on 10 th September 2007. Time of three weeks is granted to the petitioner to place on record along with an affidavit the documents showing that compliance was made with order dated 10 th September 2007 by deposit of 50% of the maintenance amount within the time stipulated. If said affidavit is not filed within three weeks from today, writ petition will stand dismissed for non prosecution. 2 If such affidavit is filed, place the petition on board on 30 th July 2009. JUDGE