Waliullaha Khan Ali Ahmed Khan vs Irshad Younus Maniyar And Another
2021 Latest Caselaw 16618 Bom

                                                                       crvn153.21
                                        1



       IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                               BENCH AT AURANGABAD


         968 CRIMINAL REVISION APPLICATION NO.153 OF
                           2021
          WITH APPLN/2735/2021 IN REVN/153/2021

                    WALIULLAHA KHAN ALI AHMED KHAN
                                VERSUS
                  IRSHAD YOUNUS MANIYAR AND ANOTHER

                   ...
      Shri Mohasin Latif Khan Pathan Advocate for Applicant.
      Shri D.P. Madkar Advocate h/f. Shri Rahul G. Joshi
      Advocate for Respondent No.1.
      Shri N.T. Bhagat, A.P.P. for Respondent No.2.
                   ...

                 CORAM: M.G. SEWLIKAR, J.

                 DATE :        1st DECEMBER, 2021

 ORDER :

1. Heard.

2. Applicant is convicted of the offence punishable under

Section 138 of the Negotiable Instruments Act, by the learned

Judicial Magistrate First Class, Aurangabad. He is sentenced to

suffer simple imprisonment for six months, with fine of

Rs.4,00,000/-. This sentence has been confirmed in appeal.

Against the said Judgment, applicant has preferred this revision.

crvn153.21

3. Shri Pathan, learned counsel for the applicant submits that

the applicant has deposited entire amount of compensation of

Rs.4,00,000/-.

4. Learned counsel Shri Madkar holding for Shri Joshi

Advocate for respondent No.1 submits that respondent No.1 be

permitted to withdraw the amount of Rs.4,00,000/-.

5. Learned counsel Shri Pathan for the applicant submits that

he has no objection if the amount is allowed to be withdrawn by

respondent No.1 with some conditions.

6. Applicant is in jail since 13 th November 2021. Revision is

not likely to be heard immediately. In this view of the matter,

substantive sentence of the applicant is suspended till the

disposal of the revision application. Fine amount is already paid

by the applicant.

7. Applicant be released on bail on his furnishing P.R. Bond of

Rs.15,000/- (Rupees Fifteen Thousand only) with one solvent

surety in the like amount. Bail in trial Court.

crvn153.21

8. Respondent No.1 is allowed to withdraw the amount of

Rs.4,00,000/-, subject to the undertaking by the respondent

No.1 that if this revision is decided in favour of the applicant,

respondent No.1 shall deposit the entire amount of

Rs.4,00,000/- at once.

[M.G. SEWLIKAR, J.]

asb/DEC21