Mahendra Tulsidas Bhuta vs State Of Maharashtra And Anr
2022 Latest Caselaw 4714 Bom

                                                                                    25-revn-274-2022+.doc




                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION
                                CRIMINAL REVISION APPLICATION NO. 438 OF 2013
                        Mr.Zoher Sailawala

         Digitally
                        S/o. Taherali Shaikh Sailawala          ...Applicant
         signed by
         SHRADDHA
SHRADDHA KAMLESH                                                (Orig. Accused)
KAMLESH TALEKAR
TALEKAR  Date:
         2022.05.06
         18:45:31
                             Vs.
                        1. The State of Maharashtra
         +0530


                        & Anr.                             ... Respondents
                                                    WITH
                                     INTERIM APPLICATION NO. 274 OF 2022
                                                     IN
                                CRIMINAL REVISION APPLICATION NO. 438 OF 2013

                        Mr.Mahendra Tulsidas Bhuta              ...Applicant
                                                                (Orig. Respondent No.2)
                             Vs.
                        1. The State of Maharashtra
                        & Anr.                                  ... Respondents
                                                                (Orig. Applicant)
                                                         ****
                        Mr.Imtiyaz I. Patel for applicant.
                        Mr.A.R. Patil, APP for respondent No.1-State.
                        Mr.Zoher Tahirali Shaikh Sailawala-respondent No.2 present in-
                        person.
                                           CORAM : N. J. JAMADAR, J.

DATE : 4th MAY, 2022 P.C.:

INTERIM APPLICATION NO. 274 OF 2022

1. Heard the learned counsel for the applicant and Mr. Zoher

Sailawala, the respondent No.2 in-person-revision

applicant/accused.

2. The original respondent No.2-complainant has preferred this

Shraddha Talekar, PS 1/3 25-revn-274-2022+.doc

application seeking permission to withdraw the amount of

Rs.1,00,000/- deposited by the revision applicant-accused,

pursuant to the judgment and order dated 28 th February 2012,

passed by the learned Metropolitan Magistrate, 21 st Court,

Bandra, Mumbai in C.C. No.4808/SS/2008, whereby the accused

came to be convicted for the offence punishable under section 138

of the Negotiable Instruments Act, 1881 and sentenced to suffer

simple imprisonment for a period of one month. The learned

Magistrate further directed the accused to pay compensation of

Rs.4,50,000/- to the complainant and, in default, the accused to

suffer further simple imprisonment for a period of one month.

3. The appeal preferred by the revision applicant/accused

being Criminal Appeal No. 213 of 2012 came to be dismissed by

order, dated 17th September 2013.

4. Pursuant to the order dated 5th October 2015 passed by this

Court, the revision applicant/accused has deposited a sum of

Rs.1,00,000/- before the learned Magistrate, 21 st Court, Bandra,

Mumbai on 2nd January 2016.

5. On the previous date, the revision applicant was present in-

person and sought time as his counsel was not available. Today

also, the applicant seeks further time on the same ground.

Shraddha Talekar, PS                                                                      2/3
                                                                         25-revn-274-2022+.doc

6. Since the learned Magistrate had passed the order to pay

compensation on 28th February 2012, in a complaint which was

filed in the year 2008, there is no justifiable reason to deprive the

complainant from realising part of the amount of compensation

ordered to be paid by the learned Magistrate.

7. Hence, the application stands allowed.

8. The amount of Rs.1,00,000/- deposited by the revision

applicant/accused before the learned Metropolitan Magistrate, 21 st

Court, Bandra, Mumbai be permitted to be withdrawn by the

original complainant-respondent No.2, subject to furnishing an

undertaking that the original complainant-respondent No.2 shall

bring back the said amount, in the event, the revision application

is decided against the original complainant/respondent No.2 and

it is held that the original complainant/respondent No.2 is not

entitled to get the compensation. Such an undertaking be

furnished before the learned Metropolitan Magistrate, 21 st Court,

Bandra , Mumbai, within a period of three weeks.

9. The Interim Application stands disposed.

                                                         (N. J. JAMADAR, J.)




Shraddha Talekar, PS                                                                    3/3