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Bombay High Court

Katpadi Krishnai KamathversusNandlal Madhavji Thakkar

Decided
Disposal
Disposed Off

Holding

The Court held that the applicant, being the original complainant, may withdraw the deposited amount with interest, subject to an undertaking to re‑deposit if directed.

Summary

The applicant, who is the original complainant, filed an interim application seeking withdrawal of Rs.4,00,000 deposited by the respondent who was convicted under Section 138 of the Negotiable Instruments Act by the trial and appellate courts. The respondent opposed the withdrawal. The Court noted the conviction and the applicant's status as complainant, and allowed the application, permitting withdrawal of the deposited amount with any accrued interest, subject to the applicant furnishing an undertaking to re‑deposit the sum if the Court later requires. The matter was listed for further hearing on 5 October 2026.

Issues considered

  • Whether the original complainant is entitled to withdraw the amount deposited by a convicted respondent in a criminal revision proceeding

Legislation cited

Subjects

  • Criminal revision
  • Section 138 NI Act
  • Withdrawal of deposit
  • Interest
  • Undertaking
  • Appellate jurisdiction

Judgment

                                                                         46-REVN-71-2026 (CR).doc


        Shubhada S Kadam


                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                     INTERIM APPLICATION NO. 3145 OF 2026
                                                      IN
                                 CRIMINAL REVISION APPLICATION NO. 71 OF 2026

                       Katpadi Krishnai Kamath                               ...Applicant/s
                       Versus
                       Nandlal Madhavji Thakkar and anr.                     ...Respondent/s

                       _________________________________________________________________

                       Ms. Nipa Shah, Advocate for Applicant/Original Complainant.
                       Mr. Vikas Kolekar, Advocate for Respondent No.1.
                       Mr. M. G.Patil, APP for Respondent No.2-State.
                       _________________________________________________________________

                                                           CORAM     :   SHIVKUMAR DIGE, J.
                                                           DATE      :   7th SEPTEMBER, 2026.
                       P.C. :

                       1.        By this application, applicant is seeking withdrawal of the

                       amount deposited by the respondent.

                       2.        It is contention of learned counsel for the applicant that

                       respondent is convicted under Section 138 of the Negotiable Instruments

                       Act, by the Trial Court and it is confirmed by the Appellate Court. The

                       respondent has deposited Rs.4,00,000/- before this Court and the

                       applicant be permitted to withdraw this amount.

                       3.        Learned counsel for the respondent No.1 strongly objected for
         Digitally
         signed by
         SHUBHADA
                       withdrawal of the amount.
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM    Date:
         2026.09.09
         11:17:39
         +0530




                                                      Page 1 of 2
                                                                     46-REVN-71-2026 (CR).doc


Shubhada S Kadam




               4.          I have heard both learned counsel. The applicant is the original

               complainant. The respondent is convicted by the Courts below.

               Considering this fact, I pass following order :

                                                 ORDER

                    (i)    The application is allowed.

                    (ii)   The applicant is permitted to withdraw the amount of

                           Rs.4,00,000/- with accrued interest, if any.

                     (iii) The applicant shall file an undertaking that that he will

                           re-deposit the said amount as and when required by this Court.

               5.          List the revision on 5th October, 2026.



                                                               (SHIVKUMAR DIGE, J.)




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