Sanjay Trambak Suryawanshi v. Dadabhai Arjun Shelar

16-ia299-2025 in revnst16812-2022.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.299 OF 2025 IN CRIMINAL REVISION APPLICATION (ST.) NO.16812 OF 2022 Sanjay Trambak Suryawanshi ... Applicant V/s.

Dadabhai Arjun Shelar & Anr.

... Respondents Mr. Ankush N. Dhokale for the applicant.

Mr. C.D. Mali, APP for respondent No.2-State. Digitally signed by ATUL GANESH KULKARNI Date:

2025.10.01 15:27:22 +0530 ATUL GANESH KULKARNI

CORAM

: AMIT BORKAR, J.

DATED : OCTOBER 1, 2025 P.C.:

1.

The present interim application is filed by the complainant in a proceedings under Section 138 of the Negotiable Instruments Act, 1881 who has been convicted by both the Courts below directing him to pay compensation of Rs.4,50,000/-. The complainant has, therefore, filed present interim application seeking withdrawal of the amount.

2.

Considering the nature of proceedings, and the conviction by both the Courts below, in my opinion, the case for withdrawal of the amount is made out, subject to following condition. 3.

The interim application is allowed in terms of prayer clause (a), subject to filing of undertaking that in case the revision application is decided against the applicant, he shall refund entire amount withdrawn along with interest at prevailing bank rate

16-ia299-2025 in revnst16812-2022.doc within eight weeks from the date of such decision. (AMIT BORKAR, J.)