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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

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



                                                                        Page 1 of 2
                                                                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.)




                                           Page 2 of 2


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