[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL W.P.NO.1289 OF 2008 M/s.Krystal Stone Exports Ltd. ..Petitioner Vs. State of Maharashtra & Anr. ..Respondents ... Mr.S.A.Tawate Advocate for Petitioner Ms.P.P.Shinde A.P.P. for the State Mr.P.S.Dani Advocate for Respondent No.2 ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JULY 10, 2008 DATE : JULY 10, 2008 DATE : JULY 10, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the Petitioner-original accused and the learned advocate for the Respondent-original complainant. 2. By judgment and order dated 30.11.2007, the petitioner has been convicted under Section 138 of Negotiable Instruments Act. By the said judgment, the learned Chief Judicial Magistrate, Alibag directed the petitioner to pay an amount of Rs.5 lakhs. The petitioner preferred appeal before the Sessions Court. It is the contention of the petitioner that he was illegally ordered to deposit the amount of Rs. 5 lakhs under Section 357 of Cr.P.C. by the Sessions Court. Therefore, he preferred application for getting the refund of the [-2-] said amount. The said application came to be rejected by the Sessions Court. Hence, this revision. 3. The case of the petitioner is that he was compelled to deposit fine amount. However, looking to the application preferred by the petitioner himself which is at Exh. 292, it is seen that in the said application the petitioner himself has stated that he is depositing Rs.50,000/- and he sought time of eight days to deposit remaining amount of Rs.4.50 lakhs. Thus, it is seen that the petitioner himself has sought time from the Court to deposit the amount and he has not deposited the amount on any order or direction by the Sessions Court. Looking to these facts, none of the authorities on which reliance is placed by the petitioner, are applicable to the present case. Looking to the application preferred by the petitioner himself, no case is made out for interference. 4. Petition is rejected and is disposed of accordingly. [-3-] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.] [SMT.V.K.TAHILRAMANI, J.]