Nisha Jamvwal v. Kashyap C. Chandarana And ANR

18-ia2518-2022 in revn52-2018.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.2518 OF 2022 IN CRIMINAL REVISION APPLICATION NO.52 OF 2018 Nisha Jamvwal ...Applicant V/s.

Kashyap C. Chandarana & Anr.

...Respondents

Mr. Gautam Tiwari with Tasneem Khatau i/by Probus Legal for the applicant.

Ms. G. P. Mulekar, APP for respondent no.1/State. Mr. Jatin P. Shah for respondent no.2.

CORAM :AMIT BORKAR, J.

DATED :OCTOBER 7, 2022 P.C.:

Digitally signed by ATUL GANESH KULKARNI Date:

2022.10.10 10:56:22 +0530 ATUL GANESH KULKARNI 1.

The original complainant in the proceedings under section 138 of the Negotiable Instruments Act has filed this application seeking permission to withdraw the compensation amount of Rs. 10,94,590/- (Rs. Ten Lakh Ninety-Four Thousand Five Hundred Ninety Only) along with accrued interest.

2.

Since the amount of compensation has been deposited in pursuance of the order of conviction and payment of compensation passed by the Sessions Court, the applicant/complainant can be permitted to withdraw the amount of compensation along with

18-ia2518-2022 in revn52-2018.doc interest, subject to filing an undertaking. Hence, following order: 3.

The applicant is permitted to withdraw the compensation amount of Rs. 10,94,590/- (Rs. Ten Lakh Ninety-Four Thousand Five Hundred Ninety Only) along with accrued interest thereon, subject to filing an undertaking in this Court within two (2) weeks from today that in case the complainant fails in the present petition, she shall reimburse the revisional applicant entire amount of compensation along with the interest and future interest at the prevailing bank rate.

4.

The interim application stands disposed of in above terms. No costs.

(AMIT BORKAR, J.)