1 wp1143-10 jpc/- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1143 OF 2010 M/s Shah Agencies & another .. Petitioners Versus State of Maharashtra and another .. Respondents Mr. K.H. Holambe Patil for the petitioners Mrs. V. R. Bhosale, APP for the Stat e. Ms. Sharmila Kaushik for respondent no.2 CORAM : N. D. DESHPANDE, J. DATE : 31 st March, 2011 P. C. 1. Heard both the sides. 2. Perused the order passed by this Court dated 23 rd June, 2010. This Court has already stayed the impugned order passed by the Sessions Court dated 17/3/2010 to the extent it directs the petitioners to deposit Rs.4,08,600/-, however, hearing of the appeal is not stayed. The matter is arising out of the proceedings under Section 138 of the Negotiable Instruments Act. In my opinion it should be heard expeditiously. The petitioner is a senior citizen of 63 years and he was directed to suffer imprisonment for a period of four months as per the impugned order passed by the trial Court 2 wp1143-10 and now challenge is pending before the appellate Court. It is informed that the petitioner has deposited Rs.1 lack in the Sessions Court. The petitioners having deposited Rs.1 lacs, in my opinion it can be a substantial compliance for hearing of the appeal and the appeal should be heard and decided finally by the appeal Court. I therefore, dispose of this petition with the following order. O R D E R i. Trial Court shall take up the appeal for final hearing and decide it in accordance with law preferably within six months from 18/4/2011 on the condition that petitioner deposits Rs.1 lack which he had already deposited. ii. Both the parties agreed to cooperate the hearing and shall appear the Appeal Court on 18 th April, 2011. iii. Writ petition is accordingly disposed of. iv. Order be communicated to the Sessions Court. v. Parties shall act on an authenticated copy of this order. ( N. D. DESHPANDE, J. )