M/S. Teamglobal Logistics Pvt. ... vs The State Of Maharashtra And Ors
2021 Latest Caselaw 1355 Bom

Tandale                                           16.Cri. I.A. No. 1056-19 in APPR-40-19 & anr..odt



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CRIMINAL APPELLATE JURISDICTION

                     INTERIM APPLICATION NO. 1056 OF 2019
                                      IN
                  CRIMINAL APPLICATION (APPR) NO. 40 OF 2019
                                      IN
                      REVISION APPLICATION NO. 31 OF 2019

M/s. Teamglobal Logistics Pvt. Ltd.                  ... Applicant.
                                                         (Orig.Respondent No.2.)

In the matter between :
M/s. Enicar Logistics Pvt. Ltd. & Anr.               ... Revision Applicants.
                                                         (Orig.Applicants)
          Vs.

The State of Maharashtra & Ors.                      ... Respondents.


Mr.Harshal Suryavanshi for the Applicant.
Smt. Rutuja Ambekar, A.P.P. for Respondent No.1-State.
Mr. Pravin Patel for the Respondent No.2 & 3.


                                         CORAM : A.S. GADKARI, J.

DATE : 20TH JANUARY 2021

P.C. :

This is an application of the original respondent No.2 for

withdrawal of amount deposited by the Revision Applicant in the Registry of

this Court in pursuance of Order dated 5th July 2019 passed in Criminal

Application No.40 of 2019.

2. Mr. Patel, learned counsel appearing for the original applicants

Tandale 16.Cri. I.A. No. 1056-19 in APPR-40-19 & anr..odt

opposed the Application and submitted that, the present applicant may not

permitted to withdraw the said amount.

3. It is an admitted fact that, the Trial Court has convicted the

Revision Applicants and their conviction has been upheld by the Appellate

Court.

In the Revision preferred by the original applicants, this Court

while suspending sentence and releasing the Revision Applicants on bail had

directed them to deposit an additional amount of Rs.10 lakhs. The total

amount deposited by the Revision Applicants in the Trial Court is

Rs.15,50,000/-. The respondent No.1 had instituted the said complaint under

Section 138 of the Negotiable Instrument Act, in the year 2010, which

resulted into conviction of the Revision Applicants by the Judgment and Order

dated 18th June 2014 passed by the learned Metropolitan Magistrate, 63 rd

Court, Andheri, Mumbai.

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

the applicant in the present Application i.e. Original respondent No.1 is

permitted to withdraw the said amount of Rs.15,50,000/- (Rupees Fifteen

Lakhs Fifty Thousand Only) from the Registry of the learned Metropolitan

Magistrate, 63rd Court, Andheri, Mumbai on its furnishing undertaking

incorporating a specific clause that, in case, the respondent No.1 (Applicant

Tandale 16.Cri. I.A. No. 1056-19 in APPR-40-19 & anr..odt

herein) does not succeed in the Revision before this Court, it will bring back

the said entire amount along with the interest prescribed by the Reserve Bank

of India, prevailing on the date of decision of the present Revision.

5. Application is allowed in the aforesaid terms.

(A.S. GADKARI, J.)