Om Shanti Nagri Sahakari ... vs Pritibala W/O. Ram Gujrathi
2023 Latest Caselaw 1125 Bom

                                                            942 & 943-appln-4090-2022.odt
                                       (1)


             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                    CRIMINAL APPLICATION NO.4090 OF 2022
                    IN REVN/56/2022 WITH REVN/56/2022

  OM SHANTI NAGRI SAHAKARI PATSANSTHA MARYADIT THROUGH
        ITS MANAGER RAJESH DAMODARDAS GUJRATHI
                          VERSUS
               PRITIBALA W/O. RAM GUJRATHI

                                   WITH
                   CRIMINAL APPLICATION NO.4091 OF 2022
                    IN REVN/57/2022 WITH REVN/57/2022

 OM SHANTI NAGRI SAHAKARI PATSANSTHA MARYADIT THROUGH
         ITS MANAGER RAJESH DAMODARDAS GUJRATHI
                               VERSUS
                   RAM SUNDARLAL GUJRATHI
                                  ...
 Advocate for Applicant : Ms. Seema Gaikwad (Pawar) h/f Mr. Talhar
                               Ajay G.
 Advocate for Respondents : Ms. Sayali Kulkarni h/f Ms. R.S. Kulkarni
                                  ...
                                       CORAM : S.G. MEHARE, J.

                                       DATED : FEBRUARY 02, 2023

 PER COURT:-

 1.               Heard the respective counsels.

 2.               As per the order of this Court, the respondents/accused

 have deposited Rs.6 lacs each in both the cases. The present

 applicants were the complainant. The accused was convicted for the

 offence punishable under Section 138 of the Negotiable Instruments

 Act. The accused have no objection to release the amount; however,

 she prays to furnish the undertaking. Hence, the following order :




::: Uploaded on - 02/02/2023                       ::: Downloaded on - 03/02/2023 21:56:47 :::
                                                            942 & 943-appln-4090-2022.odt
                                         (2)


                                      ORDER

(i) Both Criminal Applications are allowed.

(ii) The present applicants are entitled to receive the amount of

Rs.6 lacs each deposited by the respondents/accused.

(iii) Registry is directed to release the said amount in the name

of the applicants on undertaking that they will redeposit the said

amount, in the event of reversal of the judgment and order

impugned before this Court.

(iv) List both Criminal Revision Applications on 02.03.2023.

(S.G. MEHARE, J.)

Mujaheed//