Om Shanti Nagri Sahakari Patsanstha Maryadit Through Its Manager Rajesh Damodardas Gujrathi v. Ram Sundarlal Gujrathi

942 & 943-appln-4090-2022.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO.4090 OF 2022 IN REVN/56/2022 WITH REVN/56/2022 OM SHANTI NAGRI SAHAKARI PATSANSTHA MARYADIT THROUGH ITS MANAGER RAJESH DAMODARDAS GUJRATHI

VERSUS

PRITIBALA W/O. RAM GUJRATHI WITH CRIMINAL APPLICATION NO.4091 OF 2022 IN REVN/57/2022 WITH REVN/57/2022 OM SHANTI NAGRI SAHAKARI PATSANSTHA MARYADIT THROUGH ITS MANAGER RAJESH DAMODARDAS GUJRATHI

VERSUS

RAM SUNDARLAL GUJRATHI ...

Advocate for Applicant : Ms. Seema Gaikwad (Pawar) h/f Mr. Talhar Ajay G.

Advocate for Respondents : Ms. Sayali Kulkarni h/f Ms. R.S. Kulkarni ...

CORAM : S.G. MEHARE, J.

DATED : FEBRUARY 02, 2023 PER COURT:- 1.

Heard the respective counsels.

2.

As per the order of this Court, the respondents/accused have deposited Rs.6 lacs each in both the cases. The present applicants were the complainant. The accused was convicted for the offence punishable under Section 138 of the Negotiable Instruments Act. The accused have no objection to release the amount; however, she prays to furnish the undertaking. Hence, the following order :

942 & 943-appln-4090-2022.odt (2)

ORDER

(i) Both Criminal Applications are allowed.

(ii) The present applicants are entitled to receive the amount of Rs.6 lacs each deposited by the respondents/accused. (iii) Registry is directed to release the said amount in the name of the applicants on undertaking that they will redeposit the said amount, in the event of reversal of the judgment and order impugned before this Court.

(iv) List both Criminal Revision Applications on 02.03.2023. (S.G. MEHARE, J.) Mujaheed//