Joaquim Antonio Fernandes., v. Jerry D'Souza And ANR.,

IN THE HIGH COURT OF BOMBAY AT GOA

CRIMINAL MISC. APPLICATION NO. 301 OF 2019 IN CRIMINAL REVISION APPLICATION NO. 65 OF 2016 JOAQUIM ANTONIO FERNANDES., ... Applicant

Versus

JERRY D'SOUZA AND ANR., ... Respondents Shri Nilesh V. S. Shirodkar, Advocate for the Applicant. Shri Ganesh R. Naik, Advocate for the Respondent No.1. Coram:- NUTAN D. SARDESSAI, J.

Date:- 12th February, 2020 P.C.:

Heard Shri Nilesh V. S. Shirodkar, learned Advocate for the Applicant and Shri Ganesh R. Naik, learned Advocate for the Respondent No.1.

2. Shri Nilesh Shirodkar, learned Advocate submits that in terms of Section 148 of the amended Negotiable Instruments Act, the applicant would be entitled to withdraw a maximum 20% of the amount deposited in the Court. In view thereof, the applicant is held entitled to withdraw an amount equivalent to the 20% of the amount of the compensation awarded by the learned Judicial Magistrate, First Class. He shall however, furnish an

CRMA/301/2019 indemnity bond with two sureties in the like amount to refund the amount with condition that if the accused is acquitted in the case, he shall repay the said amount with interest at the bank rate accrued thereon.

3. On these terms the application stands disposed off.

4. List the appeal in the final hearing board of March, 2020 since Shri Shirodkar, learned Advocate submits that the respondent/applicant is a senior citizen aged 74 years. NUTAN D. SARDESSAI, J.

MF/-