Jamir Masumsab Shaikh vs M. D. Hanif A. Ajij Bendre
2024 Latest Caselaw 479 Bom

Bombay High Court

Jamir Masumsab Shaikh vs M. D. Hanif A. Ajij Bendre on 9 January, 2024

Author: Prakash D. Naik

Bench: Prakash D. Naik

2024:BHC-AS:4689

                                                                    12-REVN-587-2018.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY

                                      CRIMINAL APPELLATE JURISDICTION

                               INTERIM APPLICATION NO. 2937 OF 2023
                                                IN
                           CRIMINAL REVISION APPLICATION NO. 587 OF 2018

            Jamir Masumsab Shaikh                                  ...Applicant
                  Versus
            M.d Hanif A. Ajij Bendre And Anr.                      ...Respondents

            Mr. Ujjwal Agandsurve Advocate for Applicant in IA.
            Mr. Ishan Paradkar h/f Ms. Sairuchita Chwdhary for Applicant in
            Revision Application.
            Mr. Arfan Sait, APP for Respondent-State.



                                                    CORAM : PRAKASH D. NAIK, J.
                                                      DATE : 9th JANUARY, 2024

            P.C.:-

            1.        This application is preferred by original complainant for withdrawal

            of amount of Rs.1,30,000/- deposited by revision applicant before the trial

            Court.

            2.        The revision applicant has been convicted for offence under Section

            138 of Negotiable Instruments Act vide judgment and order dated 29 th

            October 2015 passed by learned trial Court which was confirmed by the

            Sessions Court vide judgment and order dated 22nd October 2018.

            3.        Learned Advocate for revision applicant submitted that, in the event

            the complainant is permitted to withdraw the amount of Rs.1,30,000/-, he

            may be directed to file an undertaking that in the event the revision

            Dnyaneshwar Ethape, P.A.                     1



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                                                       12-REVN-587-2018.doc

application is allowed, the amount withdrawn would be re-deposited in this

Court.

4.       Considering the fact that, the revision applicant has been convicted

for offence under Section 138 of Negotiable Instruments Act, which has

been confirmed by Appellate Court, the relief sought in this application can

be granted.

                                       ORDER

(i) Interim Application No. 2937 OF 2023 is allowed.

(ii) Applicant/complainant is permitted to withdraw the amount of

Rs.1,30,000/- deposited by accused before the trial Court in STC No. 2270

of 2010 subject to complainant filing an undertaking in this Court that in

the event revision application is allowed and the accused is acquitted, the

amount withdrawn would be re-deposited in this Court.

(iii) Interim Application stands disposed off.

(PRAKASH D. NAIK, J.)