Sanjay Trading Company Through Its Propritor Sanjay Shivlal Bhandari v. Sai Poultry Farm Firm And Others

2024:BHC-AUG:30048 {1} Cri.Appln.4975.2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 4975 OF 2024 IN CRIMINAL REVISION APPLICATION NO. 247 OF 2024 Sanjay Trading Company, Through Its Proprietor, Sanjay Shivlal Bhandari, Through General Power of Attorney Holder, Santosh Mansukhlal Pipada, Age : 57 years, Occu. : Business, R/o. H. No. 1322, Vanjar Lane, Ahmednagar, Tal. & Dist. Ahmednagar.

... Applicant (Orig. Complainant)

Versus

1.

Sai Paultry Farm Firm, Alkuti Road, Parner, Dist. Ahmednagar.

2.

Prafull @ Yogesh Chandrakant Gandhade, Age : 36 years, Occu. : Business, R/o. Alkuti Road, In front of Sanket Gas Agency, At post Parner, Tal. Parner, Dist. Ahmednagar 3.

The State of Maharashtra ... Respondents.

(R. No.1 & 2 Orig.Accused) .....

Mr. R. R. Sancheti, Advocate for Applicant Mr. Umakant Uddhavrao Wagh, Advocate for Respondent No.1. Mr. N. B. Patil, APP for Respondent No.3.

.....

CORAM : ABHAY S. WAGHWASE, J.

DATED : 16th DECEMBER, 2024

{2} Cri.Appln.4975.2024 PER COURT :- 1.

Not on board. Upon mentioning taken on board. 2.

Present application is moved by the applicant for permission to withdraw the deposited amount in District Court, Ahmednagar in proceeding under section 138 of the Negotiable Instruments Act.

3.

Learned counsel for respondent No.1 initially strongly objected for the same. However, he fairly conceded that applicant may be allowed to withdraw the amount subject to undertaking. 4.

In view of above, application is allowed in terms of prayer Clause (B), subject to furnishing usual undertaking. ( ABHAY S. WAGHWASE ) JUDGE Tandale