Bombay High Court
Anil Dagadu Phale vs Dnyandev Dattatray Patil And Anr on 19 December, 2023
Author: R.N.Laddha
Bench: R.N.Laddha
2023:BHC-AS:38517
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3019 OF 2023
IN
CRIMINAL REVISION APPLICATION NO. 138 OF 2022
Dnyandev Dattatray Patil ... Applicant
Versus
Anil Dagadu Phale & Anr. ... Respondents
WITH
CRIMINAL REVISION APPLICATION NO. 138 OF 2022
WITH
INTERIM APPLICATION NO. 1014 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 138 OF 2022
Anil Dagadu Phale ... Applicant
Versus
Dnyandev Dattatray Patil & Anr. ... Respondents
Mr. Ketan A. Dhavle for the Applicant.
Mr. Santaram Anant Tarale for the Respondent No.1.
Mr. R. M. Pethe, APP for the Respondent No.2-State.
CORAM : R.N.LADDHA, J.
DATE : 19 December 2023
P.C. :
The applicant/original complainant has filed the Interim
Application No.3019 of 2023 to withdraw the amount deposited by
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respondent No.1/original accused in the Registry of District Court,
Pune.
2. The learned Counsel for the applicant submitted that by
judgment and order dated 10 October 2017, passed by the learned
Judicial Magistrate First Class, Pune in Summary Criminal Case No.
409560 of 2015, respondent No.1 was convicted for the offence
punishable u/s 138 of the Negotiable Instruments Act, 1881, and
sentenced to suffer simple imprisonment for six months, and further
directed to pay fine amount as compensation of Rs.7,00,000/-. This
judgment and order stood confirmed in appeal bearing No.552 of
2017 filed by respondent No.1 before the learned Additional Sessions
Judge, Pune vide judgment and order dated 22 February 2022.
Aggrieved thereby, respondent No.1 filed the present Criminal
Revision Application No.138 of 2022. The learned counsel states that
during the pendency of the Revision Application before this Court,
respondent No.1 has deposited the compensation amount before the
Court of District Judge, Pune and prays for its withdrawal.
3. Learned Counsel for respondent No.1 opposed the applicant's
prayer for withdrawal on the apprehension that the applicant may not
deposit it back in the event of the above criminal revision application
is successful. However, the apprehension of respondent No.1 can be
taken care of by directing the applicant to give an undertaking to
deposit the same amount if the criminal revision application is
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successful. The learned counsel for the applicant, however, submitted
that, the applicant is ready to give bank guarantee, and also the
undertaking that he will deposit the withdrawal amount in the event
of success of this revision application.
4. In view thereof, the applicant is permitted to withdraw the
deposited amount from the Registry of this Court on submitting an
undertaking that he will deposit the withdrawn amount if the present
Criminal Revision Application in successful and further on furnishing
the bank guarantee.
5. The Interim Application No.3019 of 2023 stands disposed of in
the aforesaid terms.
6. The learned counsel for the parties jointly submitted that the
amount as ordered by this Court vide order dated 30 March 2022 is
already deposited, nothing survives in the Interim Application
No.1014/2022. In view thereof, the Interim Application
No.1014/2022 also stands disposed of.
7. Place the Criminal Revision Application No.138 of 2022 on the
board on 22nd January 2024.
R.N. LADDHA, J.
Lata Panjwani, P.S.
Signed by: Lata Panjwani
Designation: PS To Honourable Judge
Date: 20/12/2023 14:49:05
