Bombay High Court
Abdul Samee SiddiquiversusAshfaq H Mansoori
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the complainant may withdraw the deposited amount with interest, subject to a condition of possible redeposit.
Summary
The complainant, Vaishali Anil Tikam, filed an interim application seeking withdrawal of the amount deposited by the respondent, Ashfaq H. Mansoor, who had been convicted under Section 138 of the Negotiable Instruments Act and had deposited Rs.6,42,872 as surety. The respondent opposed the withdrawal. The Court, after hearing both sides, allowed the interim application, permitting the complainant to withdraw the deposited sum along with any accrued interest, subject to the condition that the amount be redeposited if required. The order was passed by Justice Shivkumar Dige. The interim application was subsequently disposed of.
Issues considered
- Whether the complainant is entitled to withdraw the amount deposited by the respondent under a Section 138 conviction
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- Negotiable Instruments Act
- cheque bounce
- interim relief
- withdrawal of deposit
- criminal appellate jurisdiction
Judgment
37-IA-14-2026 (CR).doc
Tikam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRI-INTERIM APPLICATION NO. 14 OF 2026
IN REVN/451/2026
VAISHALI
ANIL Abdul Samee Siddiqui ...Applicant/s
TIKAM VERSUS
Digitally signed
Ashfaq H Mansoori ...Respondent/s
by VAISHALI
ANIL TIKAM
Date: _________________________________________________________________
2026.09.30
10:37:43 +0530 Mr. Ashutosh Gaikwad (thr. VC),Advocate for the Applicant.
Mr. Aamir A. Qureshi a/w. Vinayak R. Garje, Advocates for Respondent
No.1.
Mr. M.G. Patil, APP for Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 28th SEPTEMBER 2026.
P.C. :
1. Heard learned counsel for the Applicant and Respondent No1
and learned APP.
2. By this Application, the Applicant seeks withdrawal of the
amount deposited by the Respondent.
3. Learned counsel for the Respondent strongly objected for
withdrawal of the amount.
4. I have heard both learned counsel. Applicant is the
complainant. The Courts below convicted the Respondent under Section
138 of the Negotiable Instruments Act and Respondent has deposited the
cheque amount of Rs.6,42,872/- to show his bonafide.
Page 1 of 2
37-IA-14-2026 (CR).doc
Tikam
5. Considering this fact, I pass following order:
ORDER
(i) Interim Application is allowed.
(ii) The Applicant is permitted to withdraw the deposited amount
along with accrued interest, if any.
(iii) The Applicant undertakes to redeposit the said amount, if
required.
(iv) Interim Application is disposed of.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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