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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

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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