1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELATE JURISDICTION CRIMINAL WRIT PETITION NO.946 OF 2009 Deepak Mahadev Kharade ...Petitioner vs. M/s.Suhas Trading Co. & Anr. ...Respondents Mr.Jaydeep Deo for the petitioner Ms S.V.Gajare,A.P.P for State Mr.Kishor Patil for respondent no.1 CORAM :A.S.OKA,J. DATE : JUNE 26, 2009 . Not on board. Taken on board. 1 Heard learned counsel for the parties. The substantive appeal preferred by the petitioner for challenging the order of conviction, under section 138 of the Negotiable Instruments Act,1881 is pending before the Sessions Court The petitioner was sentenced to undergo R.I. For six months and to pay compensation of Rs. 3,00,000/-. Pending the appeal, by the impugned order, the learned Sessions Judge directed the petitioner to deposit a sum of Rs.1,00,000/- by three instalments as a condition of suspending the sentence. 2 The submission of the learned counsel for the petitioner is that the direction to deposit a sum of Rs. 1,00,000/- is unjust. His submission is that as the petitioner is unable to deposit said amount, his right of appeal will be defeated. 2 3 The learned counsel for the original complainant opposed the petition by submitting that considering the conduct of the petitioner, the Sessions Court was justified in directing him to deposit a sum of Rs. 1,00,000/-. He submitted that the facility of payment by instalments is also granted to the petitioner by the Sessions Court. He submitted that no interference is called for. 4 I have considered the submissions. Reliance has been placed on the decision of the Apex Court in Case of Dilip Dahanukar Vs. Kotak Mahindra Co,Pvt.Ltd. [(2007 6 SCC 528]. The petitioner has already deposited a sum of Rs. 50,000/-. I find that a sum of Rs.50,000/- is a reasonable amount within the meaning of the decision of the Apex Court. In the circumstances, impugned order needs modification. 5. Hence, I pass the following order : i) Impugned order is modified to the extent to which the petitioner has been directed to deposit a sum of Rs.1,00,000/- and it is directed that in view of deposit of a sum of Rs.50,000/- by the petitioner, the interim relief granted by the Sessions court under the impugned order will continue to operate till the final disposal of the appeal. ii)Hearing of the appeal is expedited. iii)All contentions of the parties on merits of the appeal are expressly kept open. JUDGE