ORDER 1. Not on Board. Mentioned. Taken on Production Board. 2. Heard the learned counsel for the applicant. 3. The learned counsel for the applicant submits that the applicant could not deposit the sum of Rs.10,00,000/-, in terms of the order, dated 5th April 2022. 4. On 30th March 2022, this Court had passed the following order : "1. Learned Counsel for the respondent No.2 states that out of the compensation amount of Rs.3,15,00,000/-, the applicant has only deposited about Rs.73,00,000/- i.e. Rs.63,00,000/- in the Shraddha Talekar, PS 1/5 501-REVN-399-2019.doc Appellate Court and Rs.10,00,000/- in this Court. She submits that the applicant be directed to deposit the balance amount of Rs.2,42,00,000/- in this Court. 2. Considering the fact that the trial Court has convicted the applicant under Section 138 of the Negotiable Instruments Act, which Judgment and Order of conviction and sentence has been confrmed by the Appellate Court, learned Counsel for the applicant to take instructions and fle an affdavit-cum- undertaking of the applicant how the balance amount of Rs.2,42,00,000/- would be deposited in the Registry of this Court. 3. Stand over to 5th April, 2022. To be placed on the supplementary board. The applicant to remain present in Court on the next date." 5. On 5th April 2022, the applicant tendered an affdavit-cum- undertaking to deposit Rs.10,00,000/-. After taking the affdavit- cum-undertaking on record, the Court passed the following order : "2 In the said affdavit-cum-undertaking tendered today, the applicant has undertaking to deposit Rs.10,00,000/- in the Registry of this Court on or before 3rd May, 2022. In the said affdavit, the applicant has stated that he cannot deposit the entire amount as he has a good case on merits and having regard to his fnancial condition. 3. Be that as it may, after the said deposit of Rs.10,00,000/- is made, further orders will be passed with respect to deposit of the balance amount. 4. Learned Counsel for the applicant, on instructions of the applicant who is present in the Court, seeks time to fle an additional affdavit on the next date as to how the balance amount would be deposited in the Registry of this Court. Shraddha Talekar, PS 2/5 501-REVN-399-2019.doc 5. Stand over to 5th May, 2022 for recording compliance of deposit of Rs.10,00,000/-." 6. Shraddha Talekar, PS 2/5 501-REVN-399-2019.doc 5. Stand over to 5th May, 2022 for recording compliance of deposit of Rs.10,00,000/-." 6. A cumulative reading of the orders dated 30 th March 2022 and 5th April 2022 would indicate that this Court had noted that as against the compensation of Rs.3,15,00,000/- awarded by the Trial Court, the applicant had deposited only a sum of Rs.73,00,000/- and, thus, the Court was anxious to know as to how the applicant proposed to deposit the balance amount of compensation and, therefore, the applicant was directed to fle the affdavit. 7. On 5th April, 2022, the applicant fled an affdavit-cum- undertaking to deposit Rs.10,00,000/- in this Court on or before 3rd May 2022. In the order dated 5 th April 2022, this Court also noted that the applicant expressed his unwillingness to deposit the entire amount of compensation as he had a good case on merits and also in the context of his fnancial position. Nonetheless, the Court recorded that after the deposit of Rs.10,00,000/-, as undertaken, further orders would be passed with respect to deposit of the balance amount. 8. Today, the learned counsel for the applicant submits that the applicant is ready to deposit a sum of Rs.4,00,000/- only, and for the deposit of the sum of Rs.6,00,000/-, time be extended till Shraddha Talekar, PS 3/5 501-REVN-399-2019.doc 5th July 2022. 9. The aforesaid submission on behalf of the applicant does not deserve any countenance. The circumstances in which the applicant had undertaken to deposit the sum of Rs.10,00,000/- cannot be lost sight of. In a sense, by order dated 5 th April 2022, the Court had given an opportunity to the applicant to show bonafde by making a deposit of Rs.10,00,000/-. The applicant was further directed to fle an additional affdavit to demonstrate as to how the balance amount would be deposited in this Court. 10. In the backdrop of the quantum of compensation yet to be deposited, the prayer for extension of time to deposit a sum of Rs.6,00,000/- till 5th July 2022, despite the fact that the applicant had undertaken to make the deposit of Rs.10,00,000/- on or before 3rd May 2022, is not worthy of acceptance. 11. 10. In the backdrop of the quantum of compensation yet to be deposited, the prayer for extension of time to deposit a sum of Rs.6,00,000/- till 5th July 2022, despite the fact that the applicant had undertaken to make the deposit of Rs.10,00,000/- on or before 3rd May 2022, is not worthy of acceptance. 11. This Court had, by an order dated 7 th April 2017, suspended the substantive sentence imposed by the learned Metropolitan Magistrate, 58th Court, Bandra, Mumbai in C.C. No.2065/SS/20, whereby the applicant came to be convicted for the offence punishable under section 138 read with section 141 of the Negotiable Instruments Act, 1881. 12. By the said judgment and order, dated 22nd June 2016, the Shraddha Talekar, PS 4/5 501-REVN-399-2019.doc applicant and the co-accused were sentenced to suffer Simple Imprisonment for two months and further ordered to pay the compensation of Rs.3,15,00,000/- alongwith interest at the rate of 9% per annum from the date of dishnour of the cheque, i.e., 7 th February 2014. 13. The order dated 7th April 2017, suspending the substantive sentence would, thus, stand vacated, if the applicant fails to deposit a sum of Rs.20,00,000/- on or before 3rd June 2022. 14. The application be listed for hearing and fnal disposal on 7 th June 2022.