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Bombay High CourtAPPLN/1402/2022application allowed

Israil @ Ismail Mohammad Ibrahim v. Nawab Shaikh Gulam Rasul And Another

2022-07-12Hon'Ble Shri Justice S. G. Mehare2 pages

CriAn1402.22etc (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 946 CRIMINAL APPLICATION NO. 1402 OF 2022 IN REVISION APPLICATION NO.170 OF 2021 WITH REVN/170/2021 ISRAIL @ ISMAIL MOHD. IBRAHIM

VERSUS

NAWAB SHAIKH GULAM RASUL AND ANOTHER Mr. A. D. Sonar, Advocate for Applicant Mr G. R. Syed, Advocate holding for Mr. P. B. Pawar, Advocate for Respondent No.1 Mr. S. B. Narwade, APP for Respondent No.2 CORAM : S. G. MEHARE, J.

DATE : 12th July, 2022 P.C.

1.

The applicant/original complainant has filed this application for permission to withdraw the amount of Rs.1,25,000/- deposited by the revision petitioner as per the Court order.

2.

The learned counsel for the respondent No.1/revision petitioner has opposed the application contending that the applicant has a good case on merit. The applicant is not entitled to withdraw the amount. However, if this Court allows the applicant to withdraw the amount, some undertaking may be directed.

CriAn1402.22etc (2) 3.

Perused the application. The conviction of respondent No.2 is confirmed by the first Appellate Court. The compensation amount was directed to be paid by the trial Court as well as Appellate Court towards the dishonour of the cheque. Prima facie it has been proved that the cheque in question was issued towards the discharge of debt / liability.

4.

Considering the facts of the case and observations recorded by the trial Court and the Appellate Court, it would be appropriate to allow the applicant to withdraw the amount on certain conditions. Hence, the following order - i) The application is allowed.

ii) The applicant is permitted to withdraw the amount of Rs.1,25,000/- with accrued interest deposited by the present respondent No.1 in this court, on furnishing undertaking that in case of reversal of the impugned Judgment, he would re-deposit the amount with accrued interest, within two months from the date of order, if any adverse order is passed by this Court. 5.

List the Revision Application on 02.08.2022. (S. G. MEHARE, J.) amj