THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.8386 OF 2011 ORDER: The petitioner preferred the present petition challenging the order dated 29.8.2011 passed by the learned III Additional Sessions Judge, Tirupathi, Chittoor District in Criminal M.P. No. 102 of 2011 in Criminal Appeal No. 191 of 2011. The petitioner, who is arrayed as an accused for the offence under Section 138 of the Negotiable Instruments Act was convicted by the trial Court and sentenced to undergo simple imprisonment for a period of six months. The trial Court further directed the petitioner to pay compensation of Rs.3,60,000/- to the complainant. Challenging the said order, the petitioner preferred Criminal Appeal No. 191 of 2011 before the appellate Court. In that appeal, he filed Criminal M.P. No. 102 of 2011 under Section 389 (1) of Cr.P.C. seeking suspension of the sentence imposed against him. The learned appellate Judge, while suspending the sentence of imprisonment imposed against the petitioner, directed the petitioner to deposit a sum of Rs.1.00 lakh before the trial Court on or before 26.9.2011 and the said order is questioned in this petition. Learned counsel for the petitioner submitted that the petitioner is facing acute financial crisis and he is not in a position to deposit such a huge amount. Considering the facts and circumstances of the case, the order of the learned appellate Court is set aside only to the extent of depositing of a sum of Rs.1.00 lakh before the trial Court. As far as the other conditions are concerned, this Court is not inclined to interfere with the same. With the above observations, the Criminal Petition is disposed of. ________________________ JUSTICE RAJA ELANGO Dated : 14th September, 2011 pnb