ORAL JUDGMENT :- The petitioner accused has preferred this writ petition against the order dated 12-9-2005 passed by the Sessions Judge, Jalgaon whereby on an application filed under section 389 of Criminal Procedure Code (Cr.P.C.) the Court has directed to deposit a fine, 25% of the compensation amount, as a condition for a suspension of the conviction order.

2. The respondent-original complainant has filed a complaint in C. C. 914 of 2004 before the J.M.F.C. Yawal, under section 138 of Negotiable Instruments Act (N. I. Act) based on two cheques of Rs. 25,000/- each. cheques were returned back and therefore, proceedings have been initiated un the N. 1. Act. On 29-7-2005 after hearing both the parties, the accused has held guilty and convicted for the six months S. 1. and awarded the compensation of Rs. 1,00,000/- i.e. twice of the cheque amount. The accused there£, preferred an Appeal No. 88 of 2005 before the Sessions Court at Jalgaon. By impugned order, the learned First Ad hoc Additional Sessions Judge on application under section 389 Criminal Procedure Code has passed following order :-

"Heard,

Read the contents of the application. Execution of order and sentences shall suspen

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