Israil @ Ismail Mohammad Ibrahim vs Nawab Shaikh Gulam Rasul And ...
2022 Latest Caselaw 6552 Bom

                                                                CriAn1402.22etc
                                     (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                946 CRIMINAL APPLICATION NO. 1402 OF 2022
                 IN REVISION APPLICATION NO.170 OF 2021
                          WITH REVN/170/2021

                   ISRAIL @ ISMAIL MOHD. IBRAHIM
                               VERSUS
               NAWAB SHAIKH GULAM RASUL AND ANOTHER

 Mr. A. D. Sonar, Advocate for Applicant
 Mr G. R. Syed, Advocate holding for Mr. P. B. Pawar, Advocate for
 Respondent No.1
 Mr. S. B. Narwade, APP for Respondent No.2


                                   CORAM : S. G. MEHARE, J.

DATE : 12th July, 2022

P.C.

1. The applicant/original complainant has filed this application for

permission to withdraw the amount of Rs.1,25,000/- deposited by the

revision petitioner as per the Court order.

2. The learned counsel for the respondent No.1/revision petitioner

has opposed the application contending that the applicant has a good

case on merit. The applicant is not entitled to withdraw the amount.

However, if this Court allows the applicant to withdraw the amount,

some undertaking may be directed.

CriAn1402.22etc

3. Perused the application. The conviction of respondent No.2 is

confirmed by the first Appellate Court. The compensation amount

was directed to be paid by the trial Court as well as Appellate Court

towards the dishonour of the cheque. Prima facie it has been proved

that the cheque in question was issued towards the discharge of

debt / liability.

4. Considering the facts of the case and observations recorded by

the trial Court and the Appellate Court, it would be appropriate to

allow the applicant to withdraw the amount on certain conditions.

Hence, the following order -

 i)      The application is allowed.

 ii)     The applicant is permitted to withdraw the amount of

Rs.1,25,000/- with accrued interest deposited by the present

respondent No.1 in this court, on furnishing undertaking that in

case of reversal of the impugned Judgment, he would re-deposit

the amount with accrued interest, within two months from the

date of order, if any adverse order is passed by this Court.

5. List the Revision Application on 02.08.2022.

(S. G. MEHARE, J.)

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