M/S. Gandhi Sales Corporation, Thr. Its Proprietor Shri. Pramod Kumar S/O Kedarnath Gandhi v. Saroj W/O Ashok Banarasi

2023:BHC-NAG:15460 38F APPR-314-2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION ( APPR ) NO.

OF 2023 [M/s. Gandhi Sales Corporation .Vs. Saroj Ashok Banarasi] _____________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Ms S. Tiwari, Adv. h/f Mr A. R. Prasad, Advocate for Applicant. Mr S. Khan, Adv. h/f Mr M. Shareef, Advocate for Non-Applicant.

CORAM

: ANIL L. PANSARE , J.

DATE :

th OCTOBER 3 .

.

By present application, the Non-Applicant - original complainant is seeking to withdraw an amount of Rs.50,000/- deposited by the Applicant - Accused before the Trial Court in pursuance of order dated 16th February, 2022 passed by this Court, while suspending the sentence.

2.

Both the Courts below are against the Applicant. He has been convicted for the offence punishable under Section 138 of the Negotiable Instruments Act, 1881 (In short, "NI Act"). As could be seen from the record, the amount has been deposited, in terms of the order passed by this Court. Since both the Courts below are against the Applicant and considering the relevant provisions including the provisions under Section 148 of the NI Act, the Non-Applicant is permitted to withdraw the amount as prayed for upon his furnishing undertaking that in case TAMBE

38F APPR-314-2023 the order in the present application is adverse to the NonApplicant, he shall deposit the amount along with interest @ 6% per annum from the date of withdrawal, till it is redeposited.

3.

The application is disposed of in above terms. JUDGE TAMBE