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Bombay High CourtIA/2205/2022disposed off

Crompton Greaves Consumer Electricals Ltd Through Mr. Bhushan Chaudhari, Executive (Legal) v. M/S. Shefali Electricals And ANR

2022-09-29Hon'Ble Shri Justice Prakash D. Naik2 pages

49-IA-2205-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2205 OF 2022 IN CRIMINAL REVISION APPLICATION NO. 12 OF 2022 Crompton Greaves Consumer Electricals Ltd.

Through Mr. Bhushan Chaaudhari, Executive (Legal) ...Applicant

Versus

M/s. Shefali Electricals and Anr.

...Respondents

....

Mr. Ranvir Shekhawat i/by M/s. Raj Legal, Advocate for the Applicant in revision application.

Mr. Amit P. Ghag, Advocate for Applicant in Interim Application No. 2205 of 2022.

Mr. A. R. Patil, APP for the Respondent - State.

CORAM

:

PRAKASH D. NAIK, J.

DATE :

29th SEPTEMBER, 2022.

PER COURT :

1.

This is an application preferred by original complainant for withdrawal of the amount of Rs.35,00,000/- deposited by the revision applicant in this Court, pursuant to order dated 18th January, 2022.

2.

Learned Advocate for the complainant submitted that the dishonoured cheques were issued in 2000. There are two concurrent findings convicting the revision applicant. Hence the amount of Rs.35,00,000/- deposited by the revision applicant may be allowed to be withdrawn by the Respondent/complainant. Sunny Thote

49-IA-2205-2022.doc 3.

Learned Advocate Mr. Ranvir Shekhawat submits that the applicant has good case on merits and the withdrawal may not be granted.

4.

Considering the fact that the revision applicant has been convicted by two Courts and the cheques were dishonoured in the year 2000, the withdrawal can be allowed on certain terms and conditions.

ORDER

i.

Interim Application No.2205 of 2022 is allowed; ii.

The complainant is permitted to withdraw the amount of Rs.35,00,000/- deposited in this Court, pursuant to order dated 18th January, 2022 passed by this Court. iii.

The withdrawal is subject to condition that, in the event, the Judgments of conviction are set aside, the complainant would deposit the entire amount with accrued interest in this Court.

iv.

Interim Application stands disposed off.

(PRAKASH D. NAIK, J.) Sunny Thote