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2013 DIGILAW 2458 (BOM)

Ravindra Ramavtar Sharma v. Shaikh Kayyum Abdul Hamid

2013-12-02

ABHAY M.THIPSAY

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JUDGMENT Rule. By consent, Rule made returnable forthwith. The learned counsel for the respondent waives service. By consent, heard finally. 2. The petitioner has been convicted of an offence punishable under section 138 of the Negotiable Instruments Act, on a complaint filed by the respondent herein. He has been sentenced to suffer simple imprisonment for a period of three months and• to pay a compensation of Rs.12,68,000/- which appears to be the amount of the cheque within a period of one month from the date of the judgment and order delivered by the Magistrate i.e. 12.06.2012. The appeal filed by the petitioner challenging his conviction and sentence imposed upon him has been admitted by the Court of Sessions and the substantive sentence imposed upon the petitioner was suspended, on the basis that the petitioner would deposit the 50% of the amount of compensation, as ordered by the trial Court. The petitioner showed his inability to pay that much amount and submitted that he might be permitted to deposit only amount of Rs. 1,50,000/-, and that. on deposit of the said amount, the substantive sentence imposed upon him be suspended. On this, the appellate Court directed amount to be deposited to be reduced to Rs.3,25,000/-. Now by the present Petition, the petitioner is challenging the order requiring deposit an amount of Rs. 3,25,000/- as condition, on which the suspension of the substantive sentence would be ordered during the pendency of the appeal. 3. As the issue involved is limited and what really matters is speedy and expeditious disposal of the appeal, I am inclined to give an appropriate direction, so as to ensure an early and expeditious disposal of the appeal. In view of this, it would be proper and reasonable to direct a sum of Rs. 1,75,000/- to be deposited by the petitioner in the appellate Court towards the part payment of the compensation and on such deposit, the substantive sentence imposed upon the petitioner shall remain suspended till the final disposal of the appeal. 4. It is directed accordingly. 5. This amount shall be deposited by the petitioner in the trial Court, within a period of 10 days from today, failing which the appellate Court shall pass further appropriate orders in the matter. 6. 4. It is directed accordingly. 5. This amount shall be deposited by the petitioner in the trial Court, within a period of 10 days from today, failing which the appellate Court shall pass further appropriate orders in the matter. 6. Should the respondent seek to withdraw the amount, so deposited by the petitioner during the pendency of the appeal, the Appellate Court shall pass appropriate order returning the same to the respondent on imposing appropriate conditions. 7. The appellate Court shall expedite the hearing of the appeal and dispose it of, in accordance with law, within a period of three months from the receipt of this order by it. 8. The Petition is disposed of in the above terms. 9. Rule is made absolute accordingly. Ordered accordingly.