Bhalchandra Sopan Gawane vs Subhash Waman Awate And Anr
2022 Latest Caselaw 7634 Bom

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                                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                         CRIMINAL APPLICATION NO. 22 OF 2019
                                                         IN
                                        REVISION APPLICATION NO. 333 OF 2016

                                Bhalchandra Sopan Gawane                   ...Applicant
                                     Versus
                                Subhash Waman Awate And Anr.                ...Respondents

                                                                 ....
                                Mr. Arya Sapre i/by Mr. Harshad Bhadbhade, Advocate for the
                                Applicant in Revision and respondent in Criminal Application.
                                Mr. Viral Babar i/by Mr. Amit Ghag for applicant in Criminal
                                Application.
             Digitally signed
             by
DNYANESHWAR DNYANESHWAR
ASHOK ETHAPE ASHOK ETHAPE
             Date: 2022.08.06
             10:17:26 +0530


                                Mr. S. R. Agarkar, APP for the Respondent - State.

                                                                 ....

                                                      CORAM : PRAKASH D. NAIK, J.
                                                      DATE       : 4th AUGUST, 2022
                                PC :

                                1.     This is an application for withdrawal of compensation

                                amount deposited by revision applicant.

                                2.     In accordance with order dated 21.06.2016 passed by

                                this Court, the revision applicant has deposited an amount

                                of Rs. 4,00,000/- and during the pendency of appeal before

                                the Court of Sessions he has deposited an amount of Rs.

                                1,72,500/-.

                                3.     The revision applicant has been convicted by the

                                Court of learned Magistrate vide judgment and order dated
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11.08.2014 for ofence punishable under Section 138 of

Negotiable Instruments Act and sentenced to undergo

simple imprisonment of three months and directed to pay

fine of Rs.5,75,000/-. Appeal preferred by revision applicant

has been dismissed vide judgment and order dated

28.04.2016 and the trial Court order has been confirmed.

The revision applicant had issued cheque in the sum of Rs.

5,50,000/- on 09.12.2012.

4.    Learned advocate for applicant/complainant seeks

permission to withdraw the amount deposited by revision

applicant/accused. It is submitted that there are two

concurrent findings of conviction against the revision

applicant. Cheque was issued in the year 2012. The

complainant may be permitted to withdraw the said

amount.

5.    Learned advocate for revision applicant objected for

withdrawal of the amount. It is submitted that in the event

the revision applicant succeeds in the revision application, it

would be difcult to recover the said amount from the

complainant. Revision application preferred challenging the

judgment of conviction has been admitted by this Court and

sentence has been suspended.
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6.       It is relevant to note that the cheques in question were

issued in the year 2012. The accused was subjected to trial

and he has been convicted by the trial Court vide judgment

and order dated 11.08.2014. Thereafter, the accused

preferred appeal before the Court of Sessions which was

dismissed on 28.04.2016.

7.       The revision applicant has so far deposited an amount

of Rs.5,72,500/-. Considering the factual matrix of this case,

the complainant can be permitted to withdraw the said

amount.

                         ORDER

(i) Criminal Application No. 22 of 2019 is allowed.

(ii) The applicant/complainant is permitted to withdraw

the amount of Rs.4,00,000/- deposited by revision applicant

in this Court and Rs.1,72,000/- deposited in the Court of

Sessions at Greater Bombay on executing an undertaking

that, in the event the judgment of the trial Court and the

appellate court is reversed, the said amount will be re-

deposited in this Court with accrued interest.

(iii) Criminal Application stands disposed of.

(PRAKASH D. NAIK, J.)