Mansingh Nayak v. Asif Raza Khan And ANR

1 /2 APPR-168-17-14 Nalawade FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO. 168 OF 2017 IN CRIMINAL REVISION APPLICATION NO.645 OF 2016 Mr. Mansingh Nayak vs. Mr. Asif Raza Khan and ors. Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. Hrishikesh Chavan for the Applicant.

None for the Respondent.

Mr. Ameet Palkar, APP. for the State.

CORAM :A.S.GADKARI, J.

DATE : 19th December, 2017 P.C.

1.

Heard the learned counsel for the applicant. None appears for respondent No.1 though duly served. 2.

By an order dated 7.12.2016 the respondent No.1 (original accused) was directed to deposit Rs.11,00,000/- in the registry of this Court within the stipulated period. The learned counsel for the applicant submitted that the respondent No.1 has deposited the said amount within the stipulated period. The applicant is the original complainant in the proceeding initiated by him under Section 138 of the Negotiable Instruments Act. 3.

For the reasons stated in the application, application is allowed in terms of prayer clause (a) subject to condition that applicant shall furnish an undertaking that he will bring back the said amount if the revision application is decided in favour of respondent No.1/accused. The applicant is further directed

2 /2 APPR-168-17-14 to furnish a Bank Guarantee of equal amount during the pendency of the present revision application. 4.

Application is allowed in the aforesaid terms. (A.S.GADKARI, J.)