Bombay High Court
Yogesh Jugalkishore MehtaversusState of Maharashtra
- Decided
- Disposal
- Disposed Off
Holding
The Court held that the applicant may withdraw the deposited amount of Rs.50,000 with interest, subject to an undertaking to redeposit if directed.
Summary
The applicant, Yogesh Jugalkishore Mehta, filed an interim application seeking to withdraw a deposited amount of Rs.50,000 related to a cheque issued in 2000. Respondent No.2 had been convicted by the lower courts under Section 138 of the Negotiable Instruments Act. The respondent objected, arguing that the cheque was not a legal liability and that withdrawal would impede recovery if the revision succeeded. The Court, after hearing counsel, allowed the withdrawal on the condition that the applicant redeposit the amount if directed. The interim application was therefore allowed and disposed of, and the withdrawal was permitted with interest, subject to an undertaking to redeposit.
Issues considered
- Whether the applicant may withdraw the deposited amount pending the outcome of the revision application
- Whether such withdrawal can be conditioned on a redeposit order by the Court
Legislation cited
- Negotiable Instruments Act — s. 138
Subjects
- Section 138
- cheque bounce
- interim application
- withdrawal of amount
- criminal revision
- redeposit
Judgment
63-IA-2171-2026 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 2171 OF 2026
IN
CRIMINAL REVISION APPLICATION NO. 137 OF 2025
Yogesh Jugalkishore Mehta ...Applicant/s
VERSUS
State Of Maharashtra & Anr. ...Respondent/s
_________________________________________________________________
Digitally signed
SONALI by SONALI
SATISH KILAJE
SATISH Date:
2026.09.29
KILAJE +0530
18:51:33
Mr. Sumeet Upadhyay i/b Law Global, Advocate for Applicant.
Mr. S. R. Agarkar, APP for Respondent-State.
Mr. Manish M. Bohra a/w Mr. Sujal Jain, Advocate for Respondent No.2.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 24th SEPTEMBER, 2026.
P.C. :
1. By this Interim Application, the applicant is seeking withdrawal
of amount.
2. It is contention of learned counsel for the applicant that the
respondent No.2 has been convicted the Courts below. The cheque was
issued in the year 2000 yet the applicant has not received full cheque
amount, hence requested to allow the application.
3. Learned counsel for the respondent No.2 strongly objected to
allow the application on the ground that the cheque was not issued as a
legal liability but the Court below failed to consider this fact. The
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63-IA-2171-2026 (CR).doc
S.S.Kilaje
respondent No.2 has filed complaint in the context of it. If applicant
withdrawing the amount and respondent No.2 succeeds in the Revision
Application, it is difficult to the respondent No.2 to recover the amount
and requested to reject the application.
4. I have heard both the learned counsel. The applicant is a
complainant and respondent No.2 is accused. The respondent No.2 has
been convicted by the Courts below under Section 138 of Negotiable
Instrument Act. The cheque was issued in the year 2000. If direction is
given to the applicant to redeposit the amount if directed by this Court
would suffice and I pass following order.
ORDER
(i) The Interim Application is allowed and disposed of.
(ii) The applicant is permitted to withdraw deposited amount of
Rs.50,000/- along with interest if any with undertaking that he
shall redeposit the amount, if required, by this Court.
5. List the Revision Application on 30th October, 2026.
(SHIVKUMAR DIGE, J.)
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