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Bombay High Court

VIRENDRA ALIAS VIRENDRASINGH UTTAMSINGH PAWARversusABBEE CONSUMABLES PERIPHERALS SHOPEE LIMITED AND ANOTHER

Disposal
DISPOSED OFF

Holding

The complainant is permitted to withdraw the deposited amount subject to an undertaking to return it if the pending appeal is decided in his favour.

Summary

Virendra Pawar filed an application seeking withdrawal of Rs.5 lakh deposited by the petitioners as the 20% compensation required for suspension of his sentence. The petitioners opposed, arguing that a pending Criminal Appeal No.20 of 2024 could render the withdrawal inappropriate. The Court noted that the deposit was mandated under Section 138 of the Negotiable Instruments Act and that the complainant could withdraw the amount, provided he undertook to return it if the appeal succeeded. Accordingly, the application was allowed with the condition of an undertaking, and the original order suspending the sentence was restored. The Court also directed the Additional Sessions Judge to decide the pending appeal within six months and disposed of the writ petition.

Issues considered

  • Whether the complainant may withdraw the amount deposited under the order directing 20% compensation pending a criminal appeal.
  • Whether the pending Criminal Appeal No.20 of 2024 bars the withdrawal of the deposited amount.
  • Whether Section 138 of the Negotiable Instruments Act governs the withdrawal of the deposited compensation.

Legislation cited

Subjects

  • withdrawal of deposit
  • compensation
  • suspension of sentence
  • Section 138
  • Negotiable Instruments Act
  • pending appeal
  • criminal writ petition
  • High Court

Judgment

2026:BHC-AUG:10625



                                                   1
                                                                       423.26APPLN

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                           13 CRIMINAL APPLICATION NO. 423 OF 2026
                          IN CRIMINAL WRIT PETITION NO.1468 OF 2025
                         VIRENDRA @ VIRENDRASINGH UTTAMSINGH
                                                PAWAR
                                                VERSUS
                        ABBEE CONSUMABLES PERIPHERALS SHOPEE
                                        LIMITED & ANOTHER
                                                     ...
                             Advocate for Applicant : Mr.Punit S.Mehta
                                                    …
                                                 WITH
                         CRIMINAL WRIT PETITION NO. 1468 OF 2025
                                                    …
                        ABBEE CONSUMABLES PERIPHERALS SHOPEE
                                        LIMITED & ANOTHER
                                                VERSUS
                         VIRENDRA @ VIRENDRASINGH UTTAMSINGH
                                                PAWAR
                                                    …
                      Advocate for the petitioners : Mr.Sohail Subhedar Shaikh h/f.
                                            Mr.N.S.Ghanekar
                                                    …
                                              CORAM : MEHROZ K. PATHAN, J.
                                              DATE     : 09.03.2026

                     P.C. :

                     1]          Heard.

                     2]          Criminal Application No.423 of 2026 is filed by

                     the applicant, namely, Virendra Pawar i.e. respondent in

                     Criminal Writ Petition No.1468 of 2025, for withdrawal of

                     the amount deposited by the petitioners in pursuance to the
                             2
                                               423.26APPLN

order dated 17th October, 2025 passed by this Court in

Criminal Writ Petition No.1468 of 2025, directing the

petitioners to deposit 20% amount of compensation as pre-

condition for suspension of the sentence.


3]           The learned counsel for the applicant informs

that the petitioners have complied with the order dated

17.10.2025 by depositing 20% amount, which comes to

Rs.5 lacs as directed by order dated 17.10.2025 in Criminal

Writ Petition No.1468 of 2025. The petitioners have

deposited the amount of Rs.2 lacs vide Demand Draft

No.852139 dated 16.10.2025 and the amount of Rs.1 lac

vide Demand Draft No.852148 dated 03.11.2025. The

amount of Rs.1 lac was thereafter deposited vide Demand

Draft No.852170 dated 02.12.2025 and the balance amount

of Rs.1 lac was also deposited vide Demand Draft

No.852189 dated 03.01.2026. The application depositing

the amount was filed by the petitioners before the Registry

of this Court and the same is taken on record and marked as

‘X’ for identification.
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                                               423.26APPLN

4]         The learned counsel for the petitioners strongly

opposes the application on the ground that Criminal Appeal

No.20 of 2024 is pending before the Additional Sessions

Judge at Aurangabad and there is likelihood that the

appellants may succeed in the said Appeal, as such, the

complainant may not be allowed to withdraw the amount.


5]         However, taking into consideration the fact that

the petitioners have challenged the judgment and order

dated 10.05.2023 passed by the learned Judicial Magistrate

First Class, Court No.12, Aurangabad before this Court by

filing Criminal Writ Petition No.172/2025 and the said Writ

Petition was dismissed by the High Court, vide order dated

24.02.2025. Thereafter, the petitioners have preferred

Special Leave to Appeal [Cri.] No.7718/2025, challenging

the order dated 24.02.2025 passed by the High Court in

Criminal Writ Petition No.172/2025. The amount so

directed is as per the mandate of the provisions of Section

138 of the Negotiable Instrument Act, as such, the

complainant is allowed to withdraw the said amount subject
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                                                 423.26APPLN

to certain conditions.


6]          For the reasons stated herein above, Criminal

Application No.423 of 2026 filed by the applicant, namely,

Virendra @ Virendrasingh Uttamsingh Pawar is allowed.

The applicant – complainant, namely,            Virendra @

Virendrasingh Uttamsingh Pawar is permitted to withdraw

the amount of Rs.5 lacs deposited by the petitioners herein,

subject to giving an undertaking that the complainant –

applicant shall return back and deposit the amount to the

trial Court if Criminal Appeal No.20 of 2024 is allowed in

favour of the petitioners. Criminal Application is disposed of

accordingly.


7]          Since the Criminal Writ Petition No.1468/2025

was filed with limited prayer, challenging the order

rejecting the application seeking permission to deposit 20%

of the amount in pursuance to the order dated 17.10.2025,

and that the petitioners have already deposited the amount

of Rs.5 lacs i.e. 20% of the compensation granted by the

trial Court under the orders of this Court dated 17.10.2025,
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                                                        423.26APPLN

the cause of action for filing the Criminal Writ Petition does

not survive. In view of deposit of 20% amount by the

petitioners, original order suspending the sentence dated

18.06.2024 passed in criminal Appeal No.20 of 2024 is

restored.


8]           Since    the     petitioners   have   challenge    the

conditional order of suspension on depositing of 20%

amount till the Hon’ble Supreme Court and much time is

already consumed, the Appellate Court i.e. Additional

Sessions    Judge,    Aurangabad       is   requested    to    make

endeavour     to     decide    Criminal     Appeal      No.20/2024

expeditiously and not beyond 6 months from the date of

receipt of this order.


9]           Criminal Writ Petition No.1468 of 2025 stands

disposed of in above terms.



                                       [MEHROZ K. PATHAN]
                                             JUDGE
DDC


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