Sudhir S/O Bajiraoji Mahakalkar v. Nitin S/O Ashokrao Maske

2024:BHC-NAG:13846

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPR) NO.237 OF 2024 IN CRIMINAL REVISION APPLICATION NO.101 OF 2022 SUDHIR S/O BAJIRAOJI MAHAKALKAR VS NITIN S/O ASHOKRAO MASKE ______________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr. Bhushan Dafle, Advocate for the applicant/s Mr. A.H. Ansari, Advocate for the non-applicant -------------------------------

CORAM

: SANDIPKUMAR C. MORE, J.

DATE : 17 th December, 2024.

1.

Heard rival submissions.

2.

The application is filed for permission to withdraw the amount of Rs.3 Lakhs deposited by the non-applicantSudhir, with this Court. 3.

The record shows that the present non-applicant Nitin Maske was charged for the offence under Section 138 of the Negotiable Instrument Act. The learned trial Court had convicted him for the said offence. However, the learned Appellate Court thereafter, acquitted him. 4.

The learned counsel for the applicant-Sudhir submitted that after conviction, the non-applicant-accused had deposited the amount of Rs.3 Lakhs with the learned Appellate Court and the same was withdrawn by the applicant-Sudhir. However, thereafter, it appears that after setting aside the conviction of non-applicant-Nitin, by the THAWRE

learned Appellate Court, the applicant-Sudhir re-deposited the aforesaid amount of Rs.3 Lakhs in this Court, which is now claimed by the non-applicant-Nitin.

5.

Though the Revision Application is pending against the judgment and order passed by the learned Appellate Court, but during the pendency of this Revision Application, the aforesaid amount of Rs.3 Lakhs can be permitted to be withdrawn by the present non-applicantNitin on usual undertaking. 6.

As such, the application stands allowed in terms of prayer clause-(i), subject to filing usual undertaking by non-applicant/Nitin to the satisfaction of the Registrar (Judicial) of this Court, mentioning that if the judgment of the learned Appellate Court is reversed, he will deposit the aforesaid amount again in this Court.

7.

The application is disposed of.

CRIMINAL REVISION APPLICATION NO.101 OF 2022 8.

Stand over to 14.01.2025 for final hearing at admission stage.

(SANDIPKUMAR C. MORE, J.) THAWRE