1 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1838 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Shrishail Sakhare for the petitioner. Ms. M.H. Mhatre, A.P.P. for the State. CORAM : D.G. KARNIK, JJ. DATE : 18TH NOVEMBER 2009 P.C. : 1. Heard the learned counsel for the petitioner. 2. In my view, no case is made out for interference in exercise of extraordinary jurisdiction under Article 227 of the Constitution of India. 3. The petitioner was convicted for an offence punishable under section 138 of the 2 Negotiable Instruments Act and was sentenced. As a condition for stay of sentence, the appellate court directed the petitioner to deposit 50% of the amount. Time for deposit was also extended by an order dated 30th January 2009 on representation made by the petitioner that within 15 days he would deposit the amount on receiving the payment for the sugarcane sold to a factory. The payment received from the sugarcane factory was not deposited and on the next date, the petitioner and his advocate remained absent. Hence, the learned Sessions Judge issued a non-bailable warrant with the notice to the surety. 4. I do not find any error in the order passed by the Sessions Court. The applicant not only failed to deposit the amount but after making a representation that he would deposit the amount on receipt of the payment from the sugarcane factory, failed to deposit the amount. He even failed to attend the Court. The petition 3 is accordingly dismissed summarily. (D.G. KARNIK, J.)