Prakash Nivrutti Karpe vs Chirag Honaji Dhum And Anr
2022 Latest Caselaw 9793 Bom

                                      Ethape                        1                  23-REVN-54-2022.doc




                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CRIMINAL APPELLATE JURISDICTION

                                         INTERIM APPLICATION NO. 2219 OF 2022
                                                          IN
                                     CRIMINAL REVISION APPLICATION NO. 54 OF 2022

                                Prakash Nivrutti Karpe                                ...Applicant
                                     Versus
                                Chirag Honaji Dhum And Anr                            ...Respondents

                                                                         ....
                                Mr. Akshay Bankapur, Advocate for the Applicant in IA.
                                Mr. Satyajeet P. Dighe Advocate for Respondent In IA.
                                Mr. Arfan Sait, APP for the Respondent - State.
             Digitally signed
             by
                                                                         ....
             DNYANESHWAR
DNYANESHWAR ASHOK ETHAPE
ASHOK ETHAPE
             Date:
             2022.09.28


                                                             CORAM : PRAKASH D. NAIK, J.
             11:34:51 +0530




                                                             DATE        : 26th SEPTEMBER, 2022
                                PC :

                                1.     This is an application for withdrawing the amount

                                deposited by respondent No.1/original revision applicant in

                                this application. In accordance with order dated 24.01.2022,

                                the    revision    applicant       has    deposited   amount         of      Rs.

                                13,55,000/- in this Court.


                                2.     The revision applicant has been convicted for an

                                ofence punishable under Section 138 of the Negotiable

                                Instruments Act. The appeal has been dismissed and the

                                revision       application    is    preferred    before      this       Court

                                challenging the judgment of conviction. The sentence has
         Ethape                 2                23-REVN-54-2022.doc


been suspended by this Court vide order dated 24.01.2022.

3.       It is submitted that the applicant/original complainant

may be permitted to withdraw the amount deposited by

accused/revision applicant.

4.       Learned advocate for the revision applicant submitted

that the applicant may be permitted to withdraw the

amount on condition that, in the event judgment of

conviction is reversed, the complainant would deposit the

said amount.

5.       In the above circumstances, I pass the following order.

                              ORDER

(i) Interim Application No. 2219 of 2022 is allowed and

disposed of.

(ii) The amount of Rs. 13,55,000/- deposited by revision

applicant in this court is allowed to be withdrawn by

complainant.

(iii) Withdrawal of amount shall be subject to outcome of

the revision application.

(iv) In the event, the judgment of conviction is set aside,

the complainant will have deposited the said amount in this

Court.

(PRAKASH D. NAIK, J.)