1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR CRIMINAL APPLICATION NO. 585 OF 2010 Veeshakha Deepak Bhosale Vs. Vijay Pundlikrao Mohare Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri V. G. Bhamburkar Adv for applicant. CORAM: C.L. PANGARKAR J. Dated: 21 st JUNE, 2010. Heard counsel for the applicant. 2. This application under Section 482 of the Criminal Procedure Code has been preferred by original accused. Non applicant/respondent filed a complaint under Section 138 of Negotiable Instruments Act since cheque issued by the present applicant was dishonored. Upon trial the present accused applicant is convicted by the learned Magistrate. An appeal has been preferred against the said conviction before the Sessions Judge. Cheque amount is Rs. 8.40,000/-. When the matter came up before the learned Sessions Judge, Sessions Judge directed the sentence to be suspended upon deposit of Rs.84000/- in the Court. After this order 2 was passed the accused applicant preferred review application before the Sessions Judge. That review application also came to be rejected. 3. Learned counsel for the applicant submits before me that in this particular case no orders should have been passed directing the accused to deposit any amount since according to him no amount is due as the agreement between the parties itself has been canceled. This Court cannot go into that question at the stage of suspension of sentence. The fact remains that accused has been held guilty and has been convicted. When the accused is convicted the presumption of innocence is not available to him. In the circumstances, the learned Sessions Judge was right in imposing the condition on the accused to deposit a sum of Rs.84,000/- before his sentence could be suspended. Order does not suffer from any kind of infirmity. There is no reason to interfere with the order. Application is dismissed in limine. JUDGE svk 3 4 5