Virbhadra Bhujangrao Swami v. Manik Vithalrao Katmande And Another

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CRIMINAL APPLICATION NO. 2908 OF 2025 IN REVN/123/2021 VIRBHADRA BHUJANGRAO SWAMI ....Applicant

VERSUS

MANIK VITHALRAO KATMANDE AND ANOTHER .....Respondent WITH CRIMINAL APPLICATION NO. 2909 OF 2025 IN REVN/123/2021 WITH CRIMINAL REVISION APPLICATION NO. 123 OF 2021 Mr. Vaishali S. Swami, Advocate with Mr. P. D. Digruskar, Advocate h/f Mr. Mahesh C. Swami, Advocate for the applicant Mrs. V. S. Choudhari, APP for the respondents/State CORAM : ABHAY J. MANTRI, J.

DATE : 25th SEPTEMBER, 2025 PER COURT :

CRIMINAL APPLICATION NO. 2908 OF 2025 1.

The applicant-complainant has filed this application to permit him to withdraw Rs. 75000/- deposited in this court, to which the learned advocate for the respondent/accused has given no objection.

2.

Having considered the reasons disclosed in the application and the facts of the case, it appears that the respondent has deposited part of the cheque amount, issued by the respondent. I

(2) deemed it fit to allow the applicant to withdraw the entire amount deposited by the respondent in this court. As such, the criminal application is allowed as prayed for and disposed of. CIVIL APPLICATION NO.2909 OF 2025 1.

The applicant-complainant has filed this application to direct the respondent/accused to deposit the remaining balance compensation amount, Rs. 3,55,000/-, in this court. 2.

In response, the learned advocate for the respondent submitted that he has to take instructions from his client about the same.

3.

It appears from the record that the learned JMFC, Osmanabad vide judgment and order dated 28-01-2016, convicted the respondent and directed to pay the compensation of Rs. 4,30,000/- to the original complainant, and the learned Sessions Judge confirmed the said order, vide judgment and order dated 2109-2021 in Criminal Appeal No. 13/2016. Despite the said facts, the revisional applicant failed to comply with the same. 4.

It further appears that by order dated 04-10-2021, the accused was directed to deposit Rs. 75,000/- in the court. Accordingly, he has deposited the said amount. However, he has not deposited the remaining compensation amount in this court.

(3) Therefore, I find substance in the contention of the learned advocate for the applicant-complainant in that regard. As such, the application is allowed as prayed for.

5.

The respondent-accused is directed to deposit the balance compensation amount ordered by the learned JMFC, Osmanabad, in this court within three weeks.

6.

List the criminal revision application on 15-10-2025. [ABHAY J. MANTRI, J. ] VishalK/905criapln2908.25.odt