[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P. NO.2478 OF 2008 M/s.Mardia Copper Products Ltd.and Ors. ..Petitioners Vs. KSL & Industries Ltd. and Anr. ..Respondents ... Mr.Nitin Pradhan advocate along with Ms.S.D.Khot Adv. for petitioners Mr.Yashpal Thakur Adv. along with Mr.Vivek Patil i/b Paras Kuhad & Associates Adv. for Respondents Mr.V.B.Konde-Deshmukh A.P.P. for the State ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : DECEMBER 4, 2008 DATE : DECEMBER 4, 2008 DATE : DECEMBER 4, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioners-original accused, the learned advocate for the respondent-original complainant and the learned A.P.P. for the State. 2. By judgment and order dated 3.7.2008 the learned Metropolitan Magistrate, 13th Court, Dadar, Mumbai convicted the petitioners under Section 138 of Negotiable Instruments Act in CC No.714/SS/2004. By the said judgment and order, the learned [-2-] Magistrate directed the petitioners to pay severally or jointly fine of Rs.1,05,62,090/- and also sentenced the applicant nos.2 to 4 to SI for six months. Being aggrieved thereby, the petitioners preferred Criminal Appeal No.1484 of 2008 before Sessions Court. At the time of admission of Appeal, the petitioners also prayed for suspension of sentence imposed upon them. The learned Sessions Judge by order dated 30.9.2008 suspended the sentence awarded by the trial Court till the decision of the appeal subject to condition that the appellants shall together deposit a total amount of Rs.10,25,000/- in the trial Court by 17.11.2008. Being aggrieved by this order, this petition has been preferred. 3. The learned advocate for the petitioner submitted that the learned Magistrate exceeded his power in imposing the fine on the petitioners. He submitted that as the offence was committed in the year 1997, the amendment in relation to fine, had not come into force at that time and hence, the learned Magistrate could not have awarded the fine amount exceeding Rs.5000/-. He submitted that in such case, if the Magistrate could not have imposed [-3-] fine amount exceeding Rs.5000/- on each of the petitioners, the learned Sessions Judge could not direct the petitioners to deposit Rs.10,25,000/- in the trial Court. In support of his contention, he has placed reliance on the decision of the Supreme Court in the case of K.Bhasakaran Vs. Sankaran Vaidhyan Balan and another, reported in JT 1999 (7) SC 558. I have perused the said decision. However, there the Court was not considering an order wherein sentence came to be suspended on the condition of deposit of amount in a case under Section 138 of Negotiable Instruments Act but the Court was considering what order can be passed by the Court at the time of deciding the appeal and in that context, it is observed that the Appellate Court shall not inflict greater punishment for the offence which in his opinion, the accused has committed than might have been inflicted for that offence by the Court passing order or sentence under the appeal. 4. In the present case, the appeal has not yet been decided by the learned Sessions Judge but it is still pending. The impugned order passed has not been passed after hearing the appeal and while [-4-] disposing of the appeal but it has been passed only in relation to suspension of sentence. As far as suspension of sentence is concerned, the court can impose any condition as it deems fit in the facts and circumstances of the case before the Court. Looking to the facts of this case, it cannot be said that directing the applicant to deposit Rs.10,25,000/- as a condition for suspending the sentence awarded to the petitioners is illegal or incorrect. Hence, I am not inclined to interfere with the order of the learned Sessions Judge directing the petitioners to deposit Rs.10,25,000/- in the trial Court. However, time period mentioned by the learned Sessions Judge for depositing the amount, is extended by eight weeks from today. 5. Petition is disposed of. [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]