Vijay Bhimsen Takalkar vs The State Of Maharashtra And Anr
2021 Latest Caselaw 1033 Bom

Tandale                                                   38.cri.IA-54-21 in Revn-116-2020.odt



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                      CRIMINAL APPELLATE JURISDICTION

                 CRIMINAL INTERIM APPLICATION NO. 54 OF 2021
                                     IN
                CRIMINAL REVISION APPLICATION NO. 116 OF 2020

Vijay Bhimsen Takalkar                       ... Applicant.
                                                (Respondent No.2/Orig.Complainant)
In the matter between :
Prem Vadmal Ubrani                           ... Revision Applicant.
          Vs.
The State of Maharashtra & Anr.              ... Respondents.

Mr. Sanjeev Deore for Applicant in IA/54/2021 & Respondent No.2 in
Revision Application No.116/2020.
Mr. S. S. Hulke, A.P.P. for Respondent No.1-State.
Ms. Avanti Inamdar i/b. Mr. R. N. Gite for Applicant in Revision Application
No.116/2020.

                                 CORAM : A.S. GADKARI, J.

DATE : 27TH JANUARY 2021.

P.C. :

This is an application seeking permission to withdraw amount of

Rs. 2,00,000/- deposited by the original Revision Applicant in pursuance of

Order dated 20th February 2020 passed by this Court in the aforestated

Revision in the Court of 7th Judicial Magistrate, First Class, Nashik.

2. Ms. Inamdar, learned counsel appearing for the Revision

Applicant opposed the Application and submitted that, in case the applicant/

original respondent No.2 is permitted to withdraw the said amount, he will

Tandale 38.cri.IA-54-21 in Revn-116-2020.odt

not be in a position to bring it back, in case Revision Applicant succeeds in the

present Revision and therefore present Application may not be entertained.

3. The record indicates that, applicant herein i.e. original

respondent No.2 is the complainant in S.C.C. No.2878 of 2015 wherein the

Revision Applicant has been convicted under Section 138 of Negotiable

Instruments Act and was sentenced to suffer simple imprisonment for two

months. The Revision Applicant in pursuance of Order dated 20 th February

2020 has deposited a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) in the

Registry of Trial Court.

4. In view thereof and for the reasons stated in the Application,

Application is allowed in terms of prayer Clause (a), subject to condition that,

the applicant herein (original repondent No.2) files a usual undertaking and

also incorporating a specific clause that, in case, Revision Applicant succeeds

in aforestated Revision before this Court, he will bring back the said entire

amount along with interest accrued thereon as prescribed by the Reserve Bank

of India, prevailing on the date of passing of the Judgment and Order in

Revision Application within a period of 60 days therefrom.

A copy of said undertaking be placed on record of the present

Revision Application.

5. Application is allowed in the aforesaid terms.

(A.S. GADKARI, J.)