Deepak H. Khanted v. Naresh Kumar Bhavarlalji Mehta And ANR

32. IA 2641-2022 (corrected order).doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 2641 OF 2022 IN WRIT PETITION NO. 1203 OF 2020 Deepak H. Khanted .Applicant

IN THE MATTER BETWEEN

Naresh Kumar Bhavarlalji Mehta .Petitioner Vs.

The State of Maharashtra .Respondent Mr. Ashok M. Chopra a/w Ms Vinita Jain, Advocate, for the Applicant Mr. Milan Desai i/b. Mr. T. R. Patel, Advocate, for the Original Petitioner/Respondent Mrs. G. P. Mulekar, APP, for the Respondent - State

CORAM

:

AMIT BORKAR, J.

DATE :

13.10.2022 P. C.

.

This is an Application filed by the Original Complainant in a proceeding filed under Section 138 of the Negotiable Instruments Act. The Original Applicant who has filed the present Revision Application has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act by both the Courts below. As a condition for suspending sentence, the Original Applicant has deposited Rs. 4,00,000/- in this Court and Rs. 1,00,000/- in the Revisional Court.

(This order is corrected vide order dtd. 11.11.2022) 1 of 2

32. IA 2641-2022 (corrected order).doc 2.

Considering the fact that the Applicant is the Original Complainant in a proceeding filed under Section 138 of the Negotiable Instruments Act and the amount has been deposited under Section 143A of the Negotiable Instruments Act, as & by way of condition for suspension of sentence, the Applicant has made out a case for permission to withdraw the amount subject to condition.

3.

I, therefore, proceed to pass the following order.

O R D E R

(i) Application is allowed;

(ii) The Applicant is permitted to withdraw an amount of Rs. 5,00,000/- ( Rupees Five Lakh Only) from the Sessions Court along with accrued interest;

(iii) The Applicant shall furnish an undertaking to this Court within a period of two weeks from today stating therein that in case, the decision in W. P. No. 1203 of 2020 goes against the Applicant, the Applicant shall re-imburse the amount to the Accused along with accrued interest at the Bank rate. 4.

The Application stands disposed of accordingly. ( AMIT BORKAR, J. ) (This order is corrected vide order dtd. 11.11.2022) 2 of 2