Bombay High Court
VIRENDRA ALIAS VIRENDRASINGH UTTAMSINGH PAWARversusABBEE CONSUMABLES PERIPHERALS SHOPEE LIMITED AND ANOTHER
- Disposal
- DISPOSED OFF
- Bench
- MEHROZ K PATHAN
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
- Negotiable Instruments Act — s. 138
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
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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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