Bombay High Court
Ishwarbhai Shivlal Shah vs Vitthal Champalal Nabariya And ... on 3 October, 2023
Bench: S. V. Kotwal
2023:BHC-AS:29005
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL INTERIM APPLICATION NO.4060 OF 2022
IN
CRIMINAL REVISION APPLICATION NO.549 OF 2017
Iswarbhai Shivlal Shah ...Applicant
Versus
Vitthal Champalal Nabariya & Anr ...Respondents
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Mr. Bhushan U. Deshmukh a/w Vedant Bende, Advocate for
Applicant in IA/4060/2022.
Mr. Sachin D. Kadam, Advocate for Respondent No.1 in
IA/4060/2022 & original Applicant in REVN/549/2017.
Mr. S.H. Yadav, APP for State/Respondent.
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CORAM : SARANG V. KOTWAL, J.
DATE : 3rd OCTOBER 2023
PC :
1. The Applicant is the original Complainant in S.C.C.
No.325/2009, before the 2nd Jt. Judicial Magistrate First Class,
Niphad. The said case was for dishonour of cheque of
Rs.5,00,000/-. At the conclusion of the trial, the Respondent No.1
(the original Accused) was convicted for commission of
offence punishable under Section 138 of the Negotiable
Digitally
signed by
ASHWINI
ASHWINI JANARDAN
JANARDAN VALLAKATI
VALLAKATI Date:
Instruments Act, 1881. He was sentenced to suffer simple
2023.10.04
01:27:11
+0530
imprisonment for one month and to pay compensation to the
Ashwini V
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Applicant to the tune of Rs.5 lakhs. This judgment and order was
passed by the trial Court on 16th July 2012. The Respondent No.1
preferred Criminal Appeal No.32/2012 before the Sessions Court
at Niphad, District Nashik. This Appeal was partly allowed. The
sentence of one month of simple imprisonment was set aside but
the compensation with interest payable to the Applicant was
maintained. It is the case of the Applicant that, the Respondent
No.1 had deposited Rs.1,00,000/- before the Sessions Court,
Niphad and Rs.1,50,000/- before the J.M.F.C., Niphad. The prayer
in the present Application is for withdrawal of those amounts
deposited in those two Courts.
2. Learned Counsel for the Respondent No.1 i.e., the
original Accused has preferred Criminal Revision Application
No.549/2017 before this Court, which is already admitted and is
pending for final disposal. Learned Counsel for the original
Accused-Respondent No.1 herein submitted that, the Respondent
No.1 in this Interim Application, has no objection for such
withdrawal provided the Applicant executes an undertaking that
such withdrawal would be subject to the final outcome of the
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Revision Application.
3. Hence, the following order:
ORDER
i) The Applicant is permitted to withdraw
Rs.1,00,000/- which was deposited in the Court
of Sessions at Niphad and Rs.1,50,000/- which
was deposited by the Respondent No.1 before the
J.M.F.C., Niphad on his executing an undertaking
in the form of an affidavit that such withdrawal
would be subject to the final outcome of the
Criminal Revision Application No.549/2017.
ii) The Interim Application is disposed of
accordingly.
(SARANG V. KOTWAL, J.)
