Jivaba Pandurang Gavade v. Amit Madan Naik

12 IA 1361-25.doc Ashish

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by ASHISH SAHEBRAO MHASKE Date: 2025.09.25 18:15:30 +0530 ASHISH SAHEBRAO MHASKE CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1361 OF 2025 IN CRIMINAL REVISION APPLICATION NO.1361 OF 2025 Jivaba Pandurang Gavade ... Applicant V/s.

Amit Madan Naik and anr ... Respondents Mr. Shreyas Deshpande, for the applicant.

Mr. Umesh Mohite, for respondent no.1.

Mr. Sagar Agarkar, APP for respondent - State.

CORAM

: AMIT BORKAR, J.

DATED : SEPTEMBER 25, 2025 P.C.:

1.

By this application, the applicant - the original complainant in a complaint under section 138 of Negotiable Instruments Act, 1881, is seeking withdrawal of remaining amount of Rs. 2,00,000/-, which is the balance amount out of the amount of total compensation of Rs. 10,00,000/-.

2.

On perusal of the record, it is evident that the applicant earlier applied for the same relief of withdrawal of compensation of Rs.10,00,000/-.

3.

However, this Court, by assigning detailed reasons, permitted the applicant to withdraw an amount of Rs. 8,00,000/-.

12 IA 1361-25.doc 4.

Therefore, the applicant is not entitled to file fresh application seeking withdrawal of balance amount of Rs. 2,00,000/-, which is not permitted by this Court by order dated 22 August 2023.

5.

Hence, the interim application is rejected.

(AMIT BORKAR, J.)