Dilip Baburao Phad v. State Of Maharashtra And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SATISH RAMCHANDRA SANGAR CRIMINAL APPELLATE JURISDICTION SATISH RAMCHANDRA SANGAR Date: 2024.07.31 18:13:40 +0530 INTERIM APPLICATION NO.2842 OF 2024 Dilip Baburao Phad ...Applicant

Versus

The State of Maharashtra and Anr.

...Respondents

WITH CRIMINAL REVISION APPLICATION NO.352 OF 2022 WITH INTERIM APPLICATION NO.2977 OF 2022 Nageshwar Bangali Thakur ...Applicant

Versus

Dileep Baburao Phad and Anr.

...Respondents

***** Mr.Abhang Suryaanshi i/b.

Mr.Narayan Rokade:- Advocate for Applicant in IA No.2842 of 2024 and for Respondent No.1 in IA No.2977 of 2022.

Mr.Pratik Rahade:- Advocate for Respondent No.2 in IA No.2842 of 2024 and for Applicant in IA No.2977 of 2022.

***** CORAM : S. M. MODAK, J.

DATE : 29th JULY 2024 P. C. :- 1/3

CRIMINAL REVISION APPLICATION NO.352 OF 2022 1.

The Court of Judicial Magistrate First Class - Nashik has convicted the Applicant - Accused for the offence under Section 138 of the Negotiable Instruments Act, 1881 ("NI Act"). The sentence is till rising of the Court and fine of Rs.1,80,000/- (Rupees One Lakh Eighty Thousand Only). Out of that, an amount of Rs.1,00,000/- (Rupees One Lakh Only) is deposited before the trial Court as per the order of this Court.

INTERIM APPLICATION NO.2842 OF 2024 2.

The Complainant has filed this Interim Application for withdrawal. Learned Advocate for Applicant is consenting. Hence, order:-

O R D E R

(i) Interim Application is allowed in terms of prayer clauses (a) and (b).

(ii) The Complainant - Dilip Baburao Phad is permitted to withdraw the amount of Rs.64,000/- (Rupees Sixty Four Thousand Only) deposited before the Court of JMFC - Nashik along with interest, if any and also permitted to withdraw the amount of Rs.36,000/- (Rupees Thirty Six Thousand Only) deposited before the Appellate Court along with interest, if any.

2/3

INTERIM APPLICATION NO.2977 OF 2022 3.

Learned Advocate for the Applicant assures that the remaining amount of Rs.80,000/- (Rupees Eighty Thousand Only) will be paid within four (4) weeks.

4.

In view of that, stand over to 9th September 2024. To be listed for "Directions".

[S. M. MODAK, J.] 3/3