M/S N Hazari And Associates ... vs State Of Maharashtra And Anr
2022 Latest Caselaw 11905 Bom

                      Tauseef Farooqui                                    33.1-IA.297.2022.doc
TAUSEEF
LAIQUEE
FAROOQUI                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by
TAUSEEF LAIQUEE
                                     CRIMINAL APPELLATE JURISDICTION
FAROOQUI
Date: 2022.11.23
10:46:27 +0530
                              CRIMINAL INTERIM APPLICATION NO.297 OF 2022
                                                   IN
                              CRIMINAL REVISION APPLICATION NO.304 OF 2018


                      M/s. N. Hazari & Associates
                      Through Naveen Kumar Hazari                    ...Applicant
                           V/s.
                      The State of Maharashtra & Ors.                ...Respondents

                                                      *****
                      Mr. Ghanashyam Upadhyay & Mr. Aakash Mishra i/by Law Juris
                      for Applicants.
                      Mr. A. R. Patil, APP for Respondent No.1 (State).
                      Mr. Hrishikesh Mundargi i/by Mr. Hardik Vyas for Respondent
                      No.2.
                                                    *****
                                               CORAM    :       AMIT BORKAR, J.

                                               DATE         :   NOVEMBER 21, 2022

                      P.C.:

1. Matter is mentioned. Not on board, taken on board.

2. The Application is by complainant under Section 138 of Negotiable Instruments Act, 1881. The original accused has been convicted by the learned Magistrate which has been confirmed by the learned Sessions Judge. The accused was directed to deposit fine of Rs.12,00,000/- by the learned Magistrate.

3. The accused has filed present Revision Application. This Court by order dated 8th June 2018, suspended the conviction

Tauseef Farooqui 33.1-IA.297.2022.doc

on deposit of amount Rs.2,40,000/-. The complainant has therefore filed the present Application seeking withdrawal of amount of Rs.2,40,000/-. Learned advocate for the accused has opposed the Application stating that the judgment and order passed by the Court below are contrary to the well settled principles of law and in breach of mandatory procedure.

4. Having considered the submissions made on behalf of both sides and considering the fact that applicant is complainant in the proceedings under Section 138 of the Negotiable Instruments Act, 1881 and considering the scheme of Negotiable Instruments Act, in my opinion, the applicant needs to be permitted to withdraw the amount deposited by the accused. Hence, the following order is passed:-

(i). Applicant is permitted to withdraw an amount of Rs.2,40,000/- alongwith accrued interest thereon. Subject to furnishing undertaking within four (4) weeks from today stating that in case the Revision is decided against the present applicant. The applicant shall reimburse entire withdrawn amount to the accused alongwith interest at prevalent bank rate.

(ii). Interim Application is disposed of in the above terms. No costs.

(AMIT BORKAR, J.)