Bharama Patil vs Vasantrao Moperkar
2022 Latest Caselaw 11674 Bom

                    Y.S.Patil
                                                         1
                                                                                9-REVN-575-2016 .doc

                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      CRIMINAL APPELLATE JURISDICTION

                                    INTERIM APPLICATION NO. 2824 OF 2021
                                                     IN
                                CRIMINAL REVISION APPLICATION NO. 575 OF 2021

                    Bharama Patil                                         ...Applicant/
                                                                          Org.Respondent
                      Versus
                    Vasantrao Moperkar                                    ...Respondent

                    Mr. Mahesh Patil for the Applicant in Revision Application
                    Ms. Saba Khan for Intervener/Applicant in Interim Application.
                    Mr. A.D. Kamkhedkar for the respondent/State.

                                                  CORAM :    AMIT BORKAR, J.

YUGANDHARA SHARAD PATIL DATED : 16th NOVEMBER, 2022 Digitally signed by YUGANDHARA SHARAD PATIL Date: 2022.11.18 P.C.:

11:40:15 +0530

1. The application is filed by the complainant in proceedings under Section 138 of Negotiable Instruments Act, 1881.

2. Learned Magistrate by Judgment and order dated 8 th April 2015, convicted and sentenced the accused for offence under Section 138 of Negotiable Instruments Act,1881 and directed the accused to pay amount of Rs. 4 lakhs towards compensation under Section 357(1) of Code of Criminal Procedure,1973. The Appeal filed against the said Judgment has been dismissed and, therefore, the accused has filed present Revision Application. During pendency of present proceedings, the accused has

Y.S.Patil

9-REVN-575-2016 .doc

deposited amount of Rs. 3 lakh before this Court.

3. Considering the nature of proceedings and the applicant being complainant, permission to withdraw the amount of compensation deserves to be granted. I, therefore, pass following order.

(i). The applicant is permitted to withdraw amount of Rs.3 lakh alongwith accrued interest thereon, subject to filing of undertaking within four weeks from today that in case the Revision Application is decided in favour of the accused, the applicant shall reimbursed the accused with the amount withdrawn alongwith interest at prevalent bank rate.

(ii). The application stands disposed of.

(AMIT BORKAR, J.)