Bombay High Court
Aslam Shaikh vs The State Of Maharashtra And Anr on 5 October, 2021
Bench: S. K. Shinde
SHAMBHAVI 30-IA-2181-2021.odt
NILESH
SHIVGAN
Digitally signed by
SHAMBHAVI NILESH IN THE HIGH COURT OF JUDICATURE AT BOMBAY
SHIVGAN
Date: 2021.10.07 CRIMINAL APPELLATE JURISDICTION
10:19:07 +0530
INTERIM APPLICATION NO.2181 OF 2021
IN
REVISION APPLICATION NO.693 OF 2016
Aslam Shaikh ... Applicant
Vs
The State of Maharashtra
& Anr. ... Respondents
...
Mr. Ujwal Agandsurve for the Applicant in Revn
No.693/16.
Mr. Santosh Kyadiguppi for R.No.2 in Revn 693/16 and
for the applicant in IA 2181/2021
Mr. A.R.Patil , APP for the Respondent-State.
CORAM : SANDEEP K. SHINDE J.
DATE : OCTOBER 5, 2021.
P.C. :
Applicant (Original Complainant) seeks leave to
withdraw the amount of compensation deposited by the
accused, pursuant to the judgment and order dated 5 th
June, 2014 in Criminal Case No.847 of 2012 passed by the
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learned Metropolitan Magistrate, Kurla, Mumbai. The
conviction and sentence under Section 138 of the
Negotiable Instruments Act, 1881 was affirmed in appeal by
the learned Sessions Court, Mumbai vide judgment and
order dated 10th November, 2016. Feeling aggrieved by the
concurrent findings, accused has filed Revision before this
Court.
2 Pending revision, this Court vide order dated 22 nd
December, 2016 and 7th April, 2021 directed the applicant-
accused to deposit the amount of fine/compensation in the
Court. As of today, the applicant-accused has deposited
Rs.16,90,096/- in the Registry of this Court; Rs.7,60,000/- in
the Sessions Court, Mumbai in Criminal Appeal No.615 of
2014 and Rs.20,000/- in the Court of Metropolitan
Magistrate, Kurla in CC NO.847 of 2012.
3 Heard the learned counsel for the applicant
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(Complainant) and the learned counsel for the revision
applicant. Perused the orders.
4 In consideration of the facts of the case, pending
revision, applicant/complainant is permitted to withdraw the
amount from the respective Courts on a Undertaking that if
the revision applicant succeeds in the revision,
applicant/original complainant shall bring back the money
as that may be directed by the Court while deciding the
subject Revision Application.
5 Interim application is disposed off in the aforesaid
Terms.
(SANDEEP K. SHINDE, J.)
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30-IA-2181-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
REVISION APPLICATION NO.693 OF 2016
Mohammed Jafar Qureshi ... Applicant
Vs
The State of Maharashtra
& Anr. ... Respondents
...
Mr. Ujwal Agandsurve for the Applicant in Revn
No.693/16.
Mr. Santosh Kyadiguppi for R.No.2 in Revn 693/16 and
for the applicant in IA 2181/2021
Mr. A.R.Patil , APP for the Respondent-State.
CORAM : SANDEEP K. SHINDE J.
DATE : OCTOBER 5, 2021.
P.C. :
Heard learned counsel for the parties.
2 Admit.
3 Call Records and Proceedings from the Appellate
Court.
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30-IA-2181-2021.odt
(SANDEEP K. SHINDE, J.)
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